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Residence Rules

A key document that must be provided to a prospective resident prior to them signing a residence contract is a copy of the retirement village's Residence Rules.

The Rules relate to the use of the retirement village to ensure the enjoyment of the village by all residents [Retirement Villages Regulations 2017 (SA) reg 15(a)].

Residence Rules must address at least the following (but can be more comprehensive than the following):

  • visitors to the retirement village or residence. This can include rules relating to visitors staying in the village or in a residence overnight, or on a short-term or long term basis;
  • noise within the village;
  • parking arrangements within the village;
  • collection and disposal of rubbish;
  • pets;
  • gardening and landscaping requirements within the village;
  • the use and operation of services and facilities within the village

See Retirement Villages Regulations 2017 (SA) reg 15(b).

A residence rule cannot be harsh or unconscionable [see Retirement Villages Act 2016 (SA) s 41].

Retirement village operators are required to consult with residents before making any changes to the Residence Rules [see Retirement Villages Regulations 2017 (SA) Schedule 1 reg 6(1)(c)].

Aside from being provided with a copy of the Residence Rules prior to signing a residence contract, a retirement village operator must also provide a copy to any resident at their request [see Retirement Villages Act 2016 (SA) s 42(1)(b)] and if any alterations are made to the Rules, must provided a copy of the amended rules to each resident [see s 42(2)].

The penalty for an operator failing to comply with the above is a maximum fine of up to $2 500 [see s 42].

If a resident commits a breach of the Residence Rules, the operator may terminate their right of occupation on that basis [see s 44(1)(c)(I)].

Residence Rules  :  Last Revised: Wed Jun 27th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.