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Standard fact sheet.
Large print fact sheet.

Village rules 

It is not compulsory for a village to have rules. However, it is common for villages to have them. If there are village rules in place, a copy must be attached to every resident's village contract.

Village rules do not apply to parts of retirement villages that belong to a strata or community scheme. Instead, any by-laws in place for the scheme apply to those parts.

What do the village rules cover? 

There are no compulsory topics for village rules. However, the rules must be consistent with the law, including the retirement village laws.

Village rules relate to the use, enjoyment, control and management of the village and usually cover:

  • visitors and guests
  • noise
  • security
  • pets
  • garbage disposal
  • car parking and speed limits
  • the use of services or facilities
  • the external appearance of resident’s premises
  • gardening and landscaping
  • smoking
  • the use of motorised wheelchairs, and
  • other restrictions on the use of communal areas.

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How are village rules changed? 

A group of residents or the residents committee may make a written request to the village operator suggesting a change to the rules. The operator can also suggest changes.

A group of residents requesting a change must be a minimum of:

  • if the village has less than 10 occupied units: 5 residents or 10% of the total residents, whichever is greater, or
  • residents from a majority of the occupied residential premises in the village.

The operator must call a meeting of residents within 28 days after receiving the request. No changes can be made unless the residents consent to the amendment by passing a special resolution. This means 75% of the votes need to support the change. The operator must notify the residents of the village of the outcome of the vote within 7 days.

If the residents approve a change to the rules that will impose additional costs on the operator, the operator must seek the residents’ consent to change the annual budget accordingly.

A resident can apply to the NSW Civil and Administrative Tribunal if they think any of the village rules are unjust, unconscionable, harsh or oppressive, or inconsistent with the law. The operator can apply to the Tribunal if they object to a change approved by the residents.

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