Residents committees in a retirement village

Functions of a residents committee

A residents committee is a group of residents elected by their fellow residents to represent their interests and carry out certain functions.

Functions of a residents committee include:

• calling meetings of residents to vote on matters requiring residents’ consent or to discuss the management and operation of the village
• reporting residents’ decisions to the operator regarding matters that need residents’ consent
• applying to the NSW Civil and Administrative Tribunal (the Tribunal) on behalf of some or all residents
• requesting information from the operator about proposed changes to recurrent charges
• receiving certain financial accounts from the operator
• putting forward a proposal for a surplus in the annual accounts or excess money in the capital works fund to be distributed to residents
• forming sub-committees
• proposing changes to the village rules or the village services and facilities
• acting as a contact point for prospective residents and meeting with the operator when required
• receiving a copy of the annual safety inspection report from the operator.

Residents committees cannot make decisions on behalf of residents on matters that require residents’ consent.

Forming a residents committee

A residents committee can be established with the consent of the residents of the retirement village.

For residents to consent:

• a general meeting to which all residents are invited needs to be held, and
• more than 50% of the residents who vote (in person or by proxy or postal vote) must give consent.

Residents should then discuss and agree on how many members the committee should have and how often it should meet.

Nominations for members should be called and an election held.

All the above steps can be taken at the same meeting, or at a later meeting. 

Membership of a residents committee

Any resident can stand for election to a residents committee. Non-residents cannot be members.

There is no restriction on the number of committee members. 

Attendance at committee meetings

Unless otherwise invited, only committee members should attend a residents committee meeting. 

Committee procedures

The retirement village laws set out provisions relating to general residents’ meetings and consent of residents. Resident committee members need to be familiar with these. Learn more about residents’ meetings.

Model rules

A residents committee does not need to have a formal constitution or written rules, but these may help. There is a set of model rules residents committees can use if they wish. The committee can use the model rules as they are or change them to suit the committee’s needs.

A residents committee can form sub-committees and decide their procedures. 

The role of the returning officer

The returning officer is a resident selected by a show of hands at a residents meeting. The returning officer is not a member of the residents committee or standing for election to the residents committee.

The returning officer works with the operator and the staff of the village to prepare for meetings of the residents.

Special resolutions

A notice of a special resolution must be accompanied by a ballot paper initialled by the returning officer.

At the meeting in respect of a special resolution, each postal vote must be accounted for against a current list of residents and be handed to the returning officer.  Under the Retirement Villages Act 1999 (the Act), electronic voting is not permitted for special resolutions.

Written ballots

If a vote is taken by a written ballot (including a vote on a special resolution), the returning officer must ensure enough ballot papers are prepared for each qualified voter.

The ballot paper must contain:

• details of the measure or action requiring a vote
• directions on how a vote is to be:
  • filled out, and
  • returned to the returning officer.

At the meeting, the returning officer must provide to each qualified voter, or their proxy, a ballot paper initialled by the returning officer.

Ballot results and reporting

The returning officer is to count the votes, including by:

• written ballot
• show of hands
• any postal votes received (in respect of a special resolution)

to determine the result of the vote.

If the returning officer is permitted or required to make a decision on any matter under the Schedule (Schedule 8 of the Retirement Villages Regulation 2025), the decision of the returning officer on that matter is final.

The returning officer must announce the result and prepare a written report of the result.

Copies of the report are to be given to the residents committee (if there is one) and placed on a notice board in a common area of the retirement village. 

Operator responsibilities to the residents committee

The retirement village operator should:

• provide administrative help to the committee
• meet with the residents committee, or a representative of the committee, on request
• not obstruct a committee from exercising its functions.

The operator can also request a meeting with the committee.