Disclosure of information and access to documents before signing residence contract and occupation of unit

About this article

This article briefly explains that a scheme operator must, within certain timeframes, provide to a prospective resident, certain information documents relating to residency within the village, and when requested, information documents relating to the operation of the village.

For more information, refer to article – Matters to consider before signing your residence contract

Definition

Prospective resident – is the person who intends entering into the residence contract with the scheme operator.

Information documents which must be given before entering into contract

A scheme operator must not enter into a residence contract unless the prospective resident has been given a copy of each of the following information documents –

• the residence contract
• the village comparison document for the scheme
• a prospective costs document for the residence contract
• any by-laws for the village; and
• any other document prescribed by the Retirement Villages Regulation.

Time for giving information documents

The scheme operator must give the above information documents relating to a residence contract, 21 days before the scheme operator and the prospective resident enter into the contract.

Waiver of time for giving information documents

If the prospective resident gives the scheme operator a pre-contractual disclosure waiver, that states the timeframe in which the prospective resident agrees to receive the documents, or if no timeframe is stated, immediately before the scheme operator and the prospective resident enter into the contract.

Where the prospective resident gives a waiver under which the prospective resident agrees to a period less than 21 days.  The waiver must –

• be in the approved form; and
• state that, on a stated day, the prospective resident obtained legal advice from a Queensland lawyer about entering into the contract; and
• be signed by the prospective resident and the lawyer.

Copy of signed contract to be given to resident

Immediately following the signing of a residence contract by a prospective resident and the scheme operator, the scheme operator must give a single bound copy of all documents comprising –

• the signed residence contract; and
• any other contract, the terms of which are known, that is ancillary to the residence contract – an unsigned copy of the other contract.

Condition report before residency

Before a prospective resident occupies an accommodation unit, the following must take place –

• the unit must be inspected in the presence of the prospective resident, and an entry condition report completed by the scheme operator; and
• the report must be signed by the scheme operator; and
• a copy of the signed report given to the prospective resident.

The prospective resident may consent in writing to the inspection being carried out in his or her absence.

The resident, within 7 days of starting to occupy the unit, or within 7 days of receiving the report if it was given after occupancy commenced, must –

• sign the report; and
• if the resident does not agree with the report – show the parts of the report the resident does not agree with in an appropriate way; and
• return the report to the scheme operator.

The scheme operator will, within 14 days, make a copy of the report signed and possibly annotated by the resident, and return the report to the resident for safe keeping.  The scheme operator will keep a copy of –

• an unsigned report if not signed and returned by the resident; or
• the report signed and returned by the resident.

Access to operational documents by prospective resident

A prospective resident may ask the scheme operator to allow them to inspect or make a copy of an operational document.

For more information refer to article – Resident or prospective resident may request access to village operational documents