Residents constitution

Section 128 of the Retirement Villages Act 1999 (RV Act) provides that residents of a retirement village may, by a majority vote at a residents meeting, adopt a constitution.

Note that the constitution is a residents constitution not a residents committee constitution.

There are significant benefits for residents to adopt a comprehensive residents constitution to address the many and varies matters which relate to the affairs of a village.

It is usual for a residents constitution to be adopted in a village where a residents committee has been established, as there is an organising body.

However, the lack of a residents committee in a village does not prevent residents from organising themselves to develop and adopt a residents constitution, which is relevant in the circumstances, to matters relating to the affairs of the village, on which a majority of residents agree at a meeting of residents. A constitution in this circumstance may, for example, include matters relevant to raising, spending and accounting for funds raised by the residents, and may even include matters relevant to the later establishment of a residents committee.

A previously adopted residents constitution does not terminate on dissolution of an established residents committee nor when a new committee cannot be formed.

Refer to Residents Committee Manual, Part 17 –Residents constitution, for more information.

An example of a comprehensive model residents constitution, which includes many matters, in Microsoft Word format for download and amendment to suit the specific requirements of your village, is available here.