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 [Retirement Villages Act 2016 (SA) s 22(d)].

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) [reg 15(b)]:

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

Retirement village operators are required to consult with residents before making any changes to the residence rules [Retirement Villages Regulations 2017 (SA) Schedule 1 cl 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 [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 these requirements is a fine of up to $2,500 [s 42].

If a resident breaches the residence rules, the operator may terminate their right of occupation on that basis [see s 44(1)(c)(i)].