Residents' Committee
The Residents' Committee watches out for our interests and represents those interests in dealings with Management and others on our behalf. We have a Residents' Committee because we and our village are managed by a large corporation, LendLease. Since we residents are its customers in this village, it falls to our Residents' Committee (under both legislation and our Deed) to soften the impact on us of Management's practices. It determines what the majority of residents want from our Management and represents that view to them.
Committee members have no power to manage the running of the village and they do not. They just advise Management on what they have found the majority of residents expect and are willing to accept from the Management.
We gained contractual recognition of our committee through many years of negotiations with Management that culminated in the 2010 revised Deed. We need to support those who are prepared to serve on this committee as it is they who ensure the best outcomes are obtained for us residents.
Committee members have no power to manage the running of the village and they do not. They just advise Management on what they have found the majority of residents expect and are willing to accept from the Management.
We gained contractual recognition of our committee through many years of negotiations with Management that culminated in the 2010 revised Deed. We need to support those who are prepared to serve on this committee as it is they who ensure the best outcomes are obtained for us residents.
Residents' Committee Activities
- Consult with Management and the Advisory Board on the running of the village. In doing so, the Residents’ Committee may only make recommendations and cannot give directions to either the Management or its contractors.
- Establish what requirements Residents have of Management and the Advisory Board, through meetings, workshops and surveys.
- Make submissions on the Residents’ requirements to Management and the Advisory Board, conveying residents’ aspirations and concerns.
- Ensure that Management initiatives are not detrimental to the interests of residents.
- Ensure that initiatives are for the benefit of residents, and that any adverse effect on a minority of residents is ameliorated or offset.
- Ensure that residents are informed about Management and Advisory Board initiatives affecting the village. This includes a delegate participating in Management meetings with contractors.
- Establish single purpose sub-committees as necessary for meeting the requirements of residents. Sub-committees must communicate with Management through the Residents’ Committee; however, with the agreement of Management, subcommittees may be delegated authority to communicate directly with Management on particular topics.
- Foster effective communication between residents, sub-committees, the Residents’ Committee and Management and the Advisory Board.
- Foster community spirit and encourage compliance with village rules and policies.
- Maintain awareness of the state of the retirement villages industry and issues that may affect residents.
- Ensure that the Deed is kept in compliance with changing legislation.
- Foster dialogue with legislative authorities and lobby for change as necessary.
- Foster contact with the Western Australian Retirement Complexes Residents’ Association.
- Foster contact with any entity that may benefit the residents.
Duties and Obligations
The Residents' Committee gains its authority from The Code, the Deed, and resolutions passed at Residents General Meetings.
The Code Schedule 1, Division 5, clause 5.10 includes that:
The Deed at clause 3 acknowledges that the Residents' Committee has a role in the management of the village. It explains that the Residents’ Committee must consider the views and interests of you, each of the other residents, the Developer and Management. The Residents’ Committee may make submissions to Management or the Advisory Board on any matter including those specified in Clause 3.13. The Residents’ Committee is responsible for decision making in areas of management delegated to it. Any decision, which is disputed by one or more members of the Residents’ Committee, may at the election of the member who disputes the decision, be referred to the Advisory Board for a final ruling.
The duties of the Residents’ Committee include:
(a) To review the annual Resident’s Contribution budget and, if considered appropriate, make submissions to either Management or the Advisory Board regarding proposed changes or additions to the budget.
(b) To review the Rules and, if appropriate, make submissions to the Advisory Board regarding proposed changes or additions to the Rules.
(c) To hear submissions from any of the Residents on matters relating to:
How the Residents' Committee is to conduct itself is set out in the Deed's RESIDENTS' COMMITTEE REGULATIONS in Schedule 3.
The committee is also bound to abide by any resolutions passed at a Residents General Meeting.
The Code Schedule 1, Division 5, clause 5.10 includes that:
- the residents of a retirement village may establish a residents’ committee and that only a resident of the village may be a member of the committee;
- the function of the residents’ committee is to consult with management on behalf of the residents about the day-to-day running of the retirement village and any issues or proposals raised by the residents; and
- only one residents’ committee (regardless of its name) may be established in the retirement village for the purposes of consulting with Management.
The Deed at clause 3 acknowledges that the Residents' Committee has a role in the management of the village. It explains that the Residents’ Committee must consider the views and interests of you, each of the other residents, the Developer and Management. The Residents’ Committee may make submissions to Management or the Advisory Board on any matter including those specified in Clause 3.13. The Residents’ Committee is responsible for decision making in areas of management delegated to it. Any decision, which is disputed by one or more members of the Residents’ Committee, may at the election of the member who disputes the decision, be referred to the Advisory Board for a final ruling.
The duties of the Residents’ Committee include:
(a) To review the annual Resident’s Contribution budget and, if considered appropriate, make submissions to either Management or the Advisory Board regarding proposed changes or additions to the budget.
(b) To review the Rules and, if appropriate, make submissions to the Advisory Board regarding proposed changes or additions to the Rules.
(c) To hear submissions from any of the Residents on matters relating to:
- the general welfare of the Residents under the Village Scheme;
- actual or proposed changes to services or facilities which may involve increased costs to, or loss of amenities by, the Residents;
- maintenance of any of the Villas;
- any plans for the expansion of the Village;
- social activities of the Residents carried on in any areas within the Village except inside any of the Villas;
- proposals for the upgrading of buildings, fixtures or fittings where these are to be wholly or partially paid for by the Residents;
- the interpretation or variation of any of the Rules;
- the Disputes Committee;
How the Residents' Committee is to conduct itself is set out in the Deed's RESIDENTS' COMMITTEE REGULATIONS in Schedule 3.
The committee is also bound to abide by any resolutions passed at a Residents General Meeting.
Sub-committees
Sub-committees are created by and under the Residents' Committee to undertake particular functions. Currently, we have Finance, Social, Gardening, Newsletter & Website, Works, and Librarians sub-committees. While sub-committees are appointed, the members are all volunteers and they mostly manage their activities themselves. The Residents' Committee maintains oversight mainly so that all their activities are coordinated and they are not working at cross purposes. Guidelines are in place to aid that outcome.
Sub-committees are established under the Residents' Committee because The Code states at subclause 5(10)(2) that "Only one residents’ committee (regardless of its name) may be established in a retirement village for the purposes of subclause (5)", which states that "The function of the residents’ committee is to consult with the [Manager] on behalf of the residents about the day-to-day running of the retirement village and any issues or proposals raised by the residents".
The Finance, Social, Gardening, Newsletter and Works sub-committees all need to consult with the Manager on their matters of interest and the Residents' Committee delegates its right under subclause 2 to them so that they can legally do so.
Sub-committees are established under the Residents' Committee because The Code states at subclause 5(10)(2) that "Only one residents’ committee (regardless of its name) may be established in a retirement village for the purposes of subclause (5)", which states that "The function of the residents’ committee is to consult with the [Manager] on behalf of the residents about the day-to-day running of the retirement village and any issues or proposals raised by the residents".
The Finance, Social, Gardening, Newsletter and Works sub-committees all need to consult with the Manager on their matters of interest and the Residents' Committee delegates its right under subclause 2 to them so that they can legally do so.