Retirement Villages Policy

 

Policy Mission

To ensure that all people living in retirement villages, registered and unregistered, receive fair and just treatment.

 

Problems the Policy Addresses:

1. Lack of understanding by residents regarding their commitments when signing retirement villages’ occupation rights agreements (ORAs).
2. Appointment of Statutory Supervisors by Village Operators rather than by an independent authority.
3. The inability of village residents in some regions to claim rates rebates even if they qualify financially.
4. The need for independent Villages Ombudsman to consider issues that fall outside the role of Statutory Supervisors.
5. Fixtures and fittings supplied by the resident currently these become a gift to the Operator when the unit is vacated.
6. Residents get no capital gain when their unit is sold while there is a liability for capital losses.
7. Residents continue to pay weekly fees for at least 6 months when the unit is permanently vacated.
8. The need to assist and to receive advice from other Groups involved with Retirement Villages.
9. Various types of retirement villages, e.g. registered or unregistered, operate under differing rules.
10. Disputes procedures in retirement style villages are not the same as those applying in registered retirement villages.

 

Policy Solutions:

1. Have a Plain English summary of all agreements.
2. The appointment of independent statutory supervisors.
3. The inclusion of all residents in the rates rebate scheme providing they qualify financially.
4. The appointment by Government of an independent Villages Ombudsman.
5. The value of fixtures and fitting supplied by an ORA resident be added to the value of their unit at the time the unit is vacated.
6. Mandatory inclusion in all new ORA contracts, where the contract contains a Capital Loss clause, that a Capital Gain clause be included.
7. The inclusion in all ORA contracts of a clause negating the requirement that Residents and their successors continue to pay weekly fees when their unit is vacated.
8. Where appropriate maintain digital and voice communications with the RV Association, RV Residents’ Association and the Retirement Commissioner’s office and any others that come to the Group’s attention.

 

Policy Goals:

Grey Power will work to achieve the following:

1. Plain English agreements complete with simple 1-2 page summary of conditions and requirements. – Advocate for legal advisors to convey the residents’ commitments before signing and for the Statutory Supervisor sign off the legal advisor’s actions.
2. Statutory Supervisors independent or appointed by the Retirement Commissioner and accountable to him/her.
3. All village residents in ORA residences included in the Government’s rates rebate scheme providing they qualify.
4. Appointment of an independent Villages Ombudsman
5. Change in legislation for residents to be reimbursed for the fixtures and fittings they supply and are attached to the unit that is owned by the operator.
6. All new ORA contracts include a capital loss clause also contain a capital gains clause.
7. All ORA contracts include a clause that weekly fees cease upon the unit being vacated.
8. Regular communication by the group Chair with the nominated organisations where appropriate.
9. Unregistered villages have disputes procedures similar to Registered Retirement Villages.