Retirement village exit entitlements and recurring charges cap

Submission cover sheet

  • Name of organisation or individual making this submission

    Ms P.J. McLaren

  • Authorised delegate/contact person

    Ms P.J. McLaren

  • Position

    Resident

  • Organisation

    Southern Cross Car (NSW/ACT)

Questions on possible options

  1. Is the description of the ‘Sydney Metropolitan Area’ appropriate? If not, why not, and what areas should be included or excluded?

    No - I think the Act should cover all of NSW

  2. Are the proposals for appointing a valuer, to determine the value of the property, necessary and appropriate?

    In my case I feel this is not necessary as my contract does not state any capital gains profit or loss

  3. Where residents wish to sell their residence on their own terms, under what circumstances should they be able to opt in or opt out of the exit entitlement provision?

    In my case not applicable however I believe they should be able to opt out if they sell the property themselves.

  4. What issues should the Tribunal take into account when considering whether or not the operator has done everything in their power to enable the sale of a premises?

    There are 16 units in Kildare Court 2 have been vacant and unsold since April and June 2017 - 1 vacant and unsold since mid 2018 -1 vacant and unsold since December 2018 -1 vacant and unsold since early 2019 and 1 vacant and unsold since July 2019- A total of 6 units unoccupied. Three have been renovated but does not include one that was vacated in June 2017. A For Sale Sign for the unit vacated in April 2017 is displayed and rental display furniture was installed in that unit but subsequently removed. If units are hard to sell - why should exiting residents be penalised? This retirement village does not offer the amenities that were in my Contract. Therefor no penalty should apply.

  5. Are there any additional circumstances the Tribunal should be able to take into account when considering a hardship application from an operator?

    Definitely YES - My unit was unsatisfactory from the first day I moved in - I wrote to the CEO - No Answer from him. Had he replied to my letter and spoken to me I would have been able to negotiate and re-locate within the statutory time frame without any penalty - His letter did turn up when a new CEO was appointed - it was found in his files and addressed to me at an incorrect address. The reason I wrote to him was that the Metro Manager whom I had dealt with was made redundant and the Village Liaison Officer had resigned - there was no-one at Executive level to deal with.

  6. Are there any other factors that could affect the setting of a ‘trigger point’?

    Yes - bad management - not attending quickly to residents concerns. There is no support in this particular village. Residents should be able to vacate without penalty if any items in the contract are not available. For instance they charged me $5K for a car space on a separate contract with departure fees also. I did my own investigation and found that no other resident had been charged and were parking for free and using spaces for their visitors - There were no visitor spaces assigned as per my contract. I pointed this out to the current CEO - my $5K was refunded and visitor car spacing has now been installed.

  7. Would any of the current provisions in Victoria and South Australia as set out in Appendix A (in the discussion paper), be of benefit to NSW residents of retirement villages?

    I believe living in different states has considerations applicable to each state.

  8. Can you think of any other benefits or costs of this proposal? What are they?

    All contracts for residents of a particular Operators residence should be uniform. I was informed by a departed Operations Manager that there were 5 different contracts. No wonder I was charged for a car space.

  9. As with residents with a non-registered interest, should the ‘trigger’ to commence the 42-day period begin when the resident permanently vacates the premises?

    NO - when appropriate notice is given to depart or death of resident - that should be it. No further recurrent charges should be paid to the Operator after departure

  10. Should one or both of the proposals be ‘grandfathered’? If not, please provide your reasons.

    These reforms should be implemented as soon as possible.

  11. Please provide any further comments on the reforms.

    The treatment I received and the untruths should not have been endured by me. I did email my submission with attachment.

At our discretion we may remove parts of submissions because of length, content, appropriateness or confidentiality (privacy) reasons.

Website https://www.fairtrading.nsw.gov.au

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