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QLD Getting refund on Retirement Village Community Fee

Discussion in 'Property Law Forum' started by NJobling, 4 August 2014.

  1. NJobling

    NJobling New Member

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    I have tried to get over $1,000 back when I live in a retirement village @ [Redacted by Moderator] for over 55's-when I was forced to pay a community fee of $28 per fortnight for 18mths (which put a very increased strain on my centrelink payments-forcing me to cut back in other areas e.g. No hotwater;) this fee is not paid by all the residents, esp.owners-for use of kitchen & other facilities I did not get;
    Thank-you for your time today-I pray U can help me
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Njobling,

    Your situation is entirely clear from the details you have provided above, however, whether you are able to get a refund for this fee will depend on the terms of your agreement with the retirement village. What was their reason for charging the additional Community Fee? Did your agreement with them stipulate that you had to pay this? Did you receive any benefit in return for paying the fee?

    Generally, these questions should have been asked before you started paying the fee.
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Njobling,

    I agree with what Sophea wrote above. Your first step of action should be to check the terms of agreement with your retirement village and to ask the village exactly what services the Community Fee covers. Also, check the terms of agreement to see what it says about altering fees at the village and variation of terms.

    Failing that, all retirement villages in Queensland must abide by the Retirement Villages Act 1999 (Qld) ("RVA"). Under the RVA, there is a dispute resolution procedure: Part 9 (dispute resolution) and Part 10 (applications to Queensland Civil and Administrative Tribunal) of the RVA. This means that there is an statutory dispute resolution procedure that Retirement Villages must participate in. Failing this, you can apply to the Queensland Civil and Administrative Tribunal to make a determination.

    There are a number of contacts you can try to get more information about the fees and charges, contract terms/variation of terms, refunds, disputes etc:

    Queensland Civil and Administrative Tribunal
    An independent alternative dispute resolution body for retirement village disputes.
    Address: Level 9, 259 Queen Street, Brisbane Qld 4000
    Postal address: GPO Box 1639, Brisbane Qld 4001
    Phone: 1300 753 228 (Monday to Friday, 8.30am to 4.30pm)
    Fax: 3221 9156
    Website: www.qcat.qld.gov.au
    Email: enquiries@qcat.qld.gov.au

    Leading Age Services Australia Queensland
    Queensland Association promoting good corporate governance and retirement village residents well being.
    Postal address: PO Box 995, Indooroopilly Qld 4074
    Phone: 3725 5555
    Fax: 3715 8166
    Email: info@qld.lasa.asn.au

    Retirement Village Association
    National association representing, supporting and promoting the retirement village industry.
    Address: GPO Box 113, Brisbane Qld 4001
    Phone: 3225 3000
    Fax: 3229 9160
    Email: qld@propertyoz.com.au

    Association of Residents of Queensland Retirement Villages (ARQRV)
    An association for the protection of the interests of all residents in Queensland retirement villages.
    Postal address: PO Box 1361, Buddina Qld 4575
    Phone: 5493 7112
    Email: vi.lesarm38@bigpond.com.au

    Best of luck and let us know how the matter unfolds.
     
  4. Sarah J

    Sarah J Well-Known Member

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