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):

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)].