What is the dominant form of tenure in the village?

• Lease/licence with a premium?
• Strata Title with a premium?
• Purple Title with a premium?
• Rental. Nominal or no premium paid?

Is there a combination of tenure arrangements in the village?

If so, what form do they take?

Are there any premises occupied under short term residence (as defined in RV Regs that commenced on 1 April 2016). If so, how many?

*sometimes called a rental agreement.

In relation to rentals – how does the village work out the amount of rent that is payable for each rental unit?

What is the average term of rental agreements in the village?

Have residents paid a premium?

Did you put any premiums paid into a trust account as required?

Is the AB a member of:

• Property Council of Australia;
• Aged and Community Services WA?

Is the Village accredited under an accreditation scheme?

Do residents contribute to these costs by paying recurrent charges?

RV Act s.25

RV Regs R.11

Does the land containing the RV also contain aged care facilities or services?

If so, do advertising materials comply with the prescribed wording for accessing aged care services/facilities?

RV Code s.10

RV Regs Sch2 Item 1

If I was to walk into your village today and showed interest in moving in, what documents would be in the pre-contractual disclosure pack that you give me? Do you charge for this information? If so, how much?

Please provide a copy of the pre-contractual disclosure documents (including the residence contract)

How are residents informed of the cooling-off periods and their effect?

Have any residents sought to withdraw from the residence contract within the cooling off period?

What were the circumstances? Did you give them a full refund as required by section 75 of the RV Act?

RV Act s.14(1)(a)

RV Act s.75

Residents to whom the cap applies

What is the total number of residents that have been affected by the caps applying:

• deceased residents?
• living residents?

Since 1 April 2014 have any residents’ liability ended before the maximum capped period? Circumstances?

RV Act s.23

RV Regs R.9

Deceased residents

Do you require evidence of death before allowing representatives of the deceased resident to permanently vacate the premises?

In every case? In some cases? Circumstances?

Residents that defer liability

Have any residents deferred their recurrent charges liability after 1 April 2014? Did you inform them that interest would be payable on those amounts?

What was the total interest amount paid in relation to deferred recurrent charges? 

Administering Bodies' liability after capped period ends

What is the total amount of recurrent charges the AB has had to contribute since 1 April 2014 for recurrent charges for resident’s whose liability has ceased?

Have you reflected this in your budget documents?

Are you aware of the new Regulations which commenced on 1st October 2015?

Have you arranged for your contracts to be reviewed so that new contracts comply with the regulations for matters or provisions that must or must not be included in residence contracts?

Have you arranged for existing contracts to be varied so that residents have right to vote by special resolution on:

• Proposal to vary a communal amenity;
• Proposal to vary or introduce a new communal service

Has the AB established appropriate procedures:

• for consulting with residents on future planning, budgeting and proposed changes to the administrative or operating financial arrangements for the village; and
• to give residents access to information about the administrative and operating financial arrangements for the village

What did you do to comply with requirements regarding the proposed village operating budget in the code to display in central location and make available to each resident on request:

a proposed operating budget for next fin. yr;

information used in preparation of the proposed budget incl:

• relevant accounts of actual expenditure;
• information explaining proposed fee changes or changes in the provision or availability of amenities and services.

AB also required to provide each resident written notice of when the budget docs are available.

AB prohibited from finalising budget documents until 10 working days after written notice and the holding of the meeting under cl. 26(1)(b) of the Code.

Are residents required to contribute to a reserve fund under the residence contract? What did you do to comply with the requirements regarding the proposed fund budget in the code to display in central location and make available to each resident on request:

- a proposed reserve fund budget for the next financial year

- information used in the preparation of the proposed reserve fund budget explaining proposed fee charges to the provision or availablity of amenities or services. 

Are you aware that certain charges are now prohibited or that in relation to some charges you must only recover costs incurred?

How have you managed these?

The AB is required each quarter of the financial year to provide operating income and expenditure statements and to display these in a central location and make available a copy to each resident on request.

Separate statements must be provided for each village that the AB manages.

Please provide a copy of your statements for the last financial year.

Was  an annual meeting of residents held within 5 months after the end of the financial year of the RV.

RV Code s.26(1)(a)

AB is required to provide a written presentation of the operating financial position of the village as at the end of the previous financial year.

Were the accounts independently audited? Y or N

If not, did the residents decide by special resolution that the annual financial statements are not required to audited?

Please provide a copy of the annual financial statements.

Is there a resident's committee established by residents under the Code?

Is it an incorporated association? Y or N

Does the resident's committee consult with the AB in relation to the day-to-day running of the RV and any issues or proposals raised by the residents?

What is the relationship like and what types of issues are raised?

Does the residents committee hold its own meetings?

Does anyone from the AB attend?"

Have there been any disputes: (i) between residents within the village; (ii) between a resident and the AB; (iii) between residents and the AB?

Was the dispute process under the Code followed?

If not, had residents agreed to a variation of the Code dispute process?

If so, where is that process written down and provided to residents?

Was the dispute process followed?

If not, had residents agreed to a variation of the Code dispute process?

If so, where is that process written down and provided to residents?

Was the dispute process followed?

What was the outcome?

What were the cost of the dispute resolution, particularly were any costs passed onto a resident under s.32(2) of the Code? 

Is the AB aware that it cannot pass on its costs from s.32(2) onto other residents?

Are you aware of the new requirements relating to refurbishment works in the RV Code?

Have you adjusted your processes to implement those requirements?

Please provide samples of the written documents.