Victorian Numbered Regulations Victorian Numbered Regulations(1) A residence contract must specify the following—
(a) the date of the contract and, if the contract does not commence on that date, the date the contract commences;
(b) the owner's name, address and address for service;
(c) the resident's name and address;
(d) the address of the residential premises;
(e) the duration of the contract;
(f) the resident's garage, storeroom and parking entitlements (other than as accessories to any strata title of the resident);
(g) the date of occupation of the premises or the date of the resident's right to occupy the premises (as the case may be);
(h) the fixtures, fittings and furnishings provided by the owner with the residential premises.
(2) A residence contract must address the following matters—
(a) the resident's ability to alter and add to the residential premises;
(b) the resident's ability to transfer to other residential premises or other types of accommodation;
(c) if the residential premises are incomplete, the resident's ability to determine the design, construction and furnishing of the premises;
(d) any restrictions on the resident's use of the residential premises;
(e) any restrictions on pets, visitors and car parking;
(f) any restrictions on the persons to whom the resident can transfer the residential premises;
(g) any rights of access of the owner to the residential premises;
(h) any right of the owner to relocate the resident to other premises in an emergency;
(i) any legal costs of the owner payable by the resident;
(j) all costs and charges payable by the resident to the owner to gain entry to the village including any in-going contribution and whether interest is payable to the resident;
(k) all costs and charges payable by the resident to the owner during their residency in the village and the period after the resident has ceased to be a resident for which any such cost or charge continues to be payable;
(l) all costs, fees and charges payable by the resident to the owner on permanent departure from the premises;
(m) the method of calculating any refundable in-going contribution that the owner is liable to make to the resident, including how capital gains or losses are shared and any applicable fees, charges and financial penalties;
(n) the time at which the refund referred to in subparagraph (m) is payable to the resident;
(o) the insurance policies in relation to the retirement village (excluding any policies in relation to any owners corporation in the village) that the owner is to take out;
(p) who is responsible for maintaining the residential premises, including replacement and maintenance of fixtures, fittings and furnishings;
(q) what renovation or reinstatement of the resident's premises will be required and who is liable for the cost;
(r) how the contract may be terminated, including any minimum advance notice;
(s) the resident's right to refuse to agree to amendments to or termination of the contract;
(t) the by-laws relating to the
village
(unless this matter is included in the resident's management
contract).
(3) A management contract must specify the following—
(a) the date of the contract and, if the contract does not commence on that date, the date the contract commences;
(b) the manager's name, address and address for service;
(c) the resident's name and address;
(d) the address of the residential premises;
(e) the duration of the contract;
(f) the services to be provided to the resident by the manager, including any service that, before the resident entered into the contract, the manager or the manager's agents represented to the resident would be provided or made available and the date (if any) on or by which it was represented that such service would be provided or made available.
(4) A management contract must address the following matters—
(a) any rights of access of the manager to the residential premises;
(b) any legal costs of the manager payable by the resident;
(c) all costs and charges payable by the resident to the manager during their residency in the village, including maintenance charges, and the period after the resident has ceased to be a resident for which any such cost or charge continues to be payable;
(d) the matters for which maintenance charges may be used;
(e) how and when maintenance charges can be adjusted;
(f) the repair and maintenance
procedure
for the residential premises, including the responsibilities of the
manager and the resident;
(g) how special levies can be imposed;
(h) the method of calculating any refund of the in-going contribution that the manager is liable to make to the resident, including how capital gains or losses are shared and any applicable fees, charges and financial penalties;
(i) the time at which the refund referred to in paragraph (h) is payable to the resident;
(j) the insurance policies in relation to the retirement village (excluding any policies in relation to any owners corporation in the village) that the manager is to take out;
(k) how the contract may be terminated, including any minimum advance notice;
(l) the resident's right to refuse to agree to amendments to or termination of the contract;
(m) the by-laws relating to the
village
(unless this matter is included in the residence contract);
(n) the process for consultation with the resident or with the residents of the retirement village on the proposed exercise of any right to change services provided by the manager that will result in a material change in the services provided under the contract.