Retirement Village Review
Submission dated 27th April, 2023
Retirement Village Review
In April 2023, MHOA (Vic) forwarded a submission to the Retirement Villages Amendment Bill, from the perspective of the owners of homes in Victorian Land-Lease villages. While the Land-Lease villages are not covered under this Act, the issues being reviewed for this Bill, mirror similar ones experienced by the owners of manufactured homes.
In the past, MHOA has made many submissions and attended numerous inquiries into the problems of renters, only to be ignored.
It is of vital importance that legislators recognise the difference between the parts of the Residential Tenancies Act and understand that Part 4A issues cannot be lumped together with those of other parts of the Act.
The gaps in the legislation allow for operators to exploit and unjustly treat the homeowners in Land- Lease villages and several individual cases were cited in the submission. The voices of these residents need to be heard directly on issues such as:
Legislation – MHOA believes the legislation should have at its core, the protection and rights of the residents and the rights and obligations of site owners and managers must be clearly spelled out. There need to be clear means of enforcing the legislation that are known to all concerned.
Registration – Site owners of Land-Lease villages are not required to register with a central body but rather only with their local council. MHOA would like to see businesses under RTA Part 4A, required to be registered with a central authority, just as Retirement Villages are required to be.
Standard leases – that mean all residents have the same rights and are not exposed to unfair and undisclosed requirements.
Training - That Victorian Legal Aid lawyers be trained in RTA 4A legislation and those lawyers be available to residents of Land-Lease villages who need assistance and advice. It would also be of great benefit to the residents if there was mandatory training of site owners and managers to build understanding of older residents and their needs.
Fees – That all fees be regulated and that unfair fees, such as Deferred Management Fees (Exit Fees), be abolished.
Dispute Resolution – MHOA considers that the current internal and external dispute resolution processes are extremely inadequate. The appointment of an independent, expert, retirement housing ombudsman, with the power to enforce compliance, would be of immense benefit. In addition, the legislation should be amended to allow Victorian homeowners to jointly take disputes to VCAT.
MHOA is resolute in its search for legislation and practices that reduce stress on the homeowners in Land-Lease villages and that there is a better balance of power between village owners and homeowners, so that residents feel confident in spending their later years in comfort and enjoyment.
