Retirement Village advocate Les Scobie has written to the relevant minister over concerns the voting rights of single Retirement Village residents are being trampled.
"
The Hon.
Marlene Kairouz,
Minister
for Consumer Affairs,
Level
16, 121 Exhibition Street,
Melbourne.
Vic. 3000.
Dear
Minister,
Re:-
Need for amendment to Section 38(4) of the Retirement Villages Act
1986.
In the
Act under Section 3 Definitions the voting rights of couples (not
co-tenants) at an annual meeting are defined as having only one vote.
RETIREMENT
VILLAGES ACT 1986 - SECT 3
Definitions
(2) If—
(a) under Part 6 a
resident may vote at an annual meeting; and
(b) that resident
and another resident or other residents are jointly entitled (whether
as joint tenants or tenants in common) to share accommodation at a
retirement village—
the right to vote
conferred by that Part may be exercised by one only of those
residents and, if those residents disagree as to which of them is to
exercise the right to vote, the resident whose name appears first on
the residence contract conferring the joint residence right may
exercise the right to vote.
This
provides protection for single retirement village residents in that
their voting power on important matters is no less than a couple.
However
when it comes to an increase in village fees beyond an increase in
the rise of the Consumer Price Index, Section 38.4 of the Act allows
a vote of couples to be double the voting power of a single resident.
RETIREMENT
VILLAGES ACT 1986 - SECT 38 Increases in maintenance charges
- Subsection (2)
does not apply if the payment of a maintenance charge that is
greater than the adjusted maintenance charge has been approved by
resolution of a majority of the residents
at a meeting
of the residents or is approved by resolution of the residents
committee.
Section
38.4 either by design or default is allowing village operators to
work around a protection afforded single residents by Part 2 of
Section 3 of the Act the Definitions. The lived experience being
operators present to the body of village residents Section 38.4 alone
without Section 3. The words 'residents' and 'meeting' in their stand
alone literal meaning can easily be interpreted as removing any
voting power protection for single residents. The legislation may in
fact be designed to produce this result but if so it contains a gross
unfairness for single retirement village residents.
In
the interest of improved financial protections for single retirement
village residents consideration should be given to amending Section
38.4 to read -
- Subsection (2)
does not apply if the payment of a maintenance charge that is
greater than the adjusted maintenance charge has been approved by
resolution of a majority of the residences
voting at an
annual general meeting
of the residents or is approved by resolution of the residents
committee.
It
may be argued that the voting power of single residents are still
protected by the definitions in Section 3 of the Act despite the
wording of Section 38.4, that the use of the words 'residents' and
'meeting' in Section 38.4 are just a general reference. Clarity in
the law however is just as desirable as clarity in any contract.
Please
give serious consideration to amending Section 38.4 by the removal of
the words 'residents' and 'meeting' to be replaced by the phrase
'residences voting at an annual general meeting'. Single retirement
village residents should have identical voting power to couples
particularly on matters that can have a negative financial impact
upon them.
Thank
you,
Les
Scobie,"