Can You Challenge Retirement Village Rules?

More and more people are moving into retirement villages which are residential complexes occupied by retired people and maintained by an operator offering safety, security, social activities and desirable facilities. You or a member of your family may well be considering this option.

It is common for retirement villages to have village rules which relate to the use, enjoyment, control and management of the village and cover numerous matters such as visitors, noise, security, pets and use of services and facilities.

However, sometimes a resident may consider a village rule is unfair such as one banning all pets. For instance, a resident may ask the operator permission to keep a budgerigar for company and the operator refuses on the basis that a village rule prevents it. What is the resident to do?

Fortunately, under section 54 of the Retirement Villages Act 1999 a resident can apply to the NSW Civil and Administrative Tribunal for an order modifying the village rule in its application to that resident where the resident considers the rule to be “unjust, unconscionable, harsh or oppressive”. Residents can represent themselves and the process is informal.

The Tribunal will attempt to to get the parties to resolve the matter failing which it will hold a hearing within a few weeks. Sometimes an operator may not see a simple solution in its desire to “enforce the rules”. But the Tribunal can overrule it meaning you can end up with your chirpy companion!