Showing posts with label Retirement Village Residents. Show all posts
Showing posts with label Retirement Village Residents. Show all posts

Monday, July 14, 2025

Retirement Village Residents Fighting Back

 Housing for the Aged Action Group posted the following details - 

Not just unfair, unlawful: VCAT rules against village charging Deferred Management Fees

Housing for the Aged Action Group welcomes a decision from VCAT President Justice Woodward which found that the Residential Tenancies Act prevented a land lease village from charging Deferred Management Fees (DMFs). DMFs are a common kind of exit fee charged across several types of retirement housing, often costing departing residents or their families tens of thousands of dollars or more.

“We have long said that these DMFs are unfair and, in some cases, unlawful,” said Shane McGrath, HAAG’s Senior Tenancy and Retirement Worker. “This decision confirms that some of the most common models for DMFs in land lease communities are prohibited under Victorian law.”

Click here for the full story - https://www.oldertenants.org.au/publications/not-just-unfair-unlawful-vcat-rules-against-village-charging-deferred-management-fees

Sunday, March 30, 2025

What is wrong with Victorian Retirement Villages

The critical importance of retirement village resident submissions to Victorian state government inquiries is that they are actually living the experience not simply 'working in the field'. They know what is wrong because they have experienced it, suffered from it.

Victorian retirement village residents find that there is almost zero protection when something goes wrong, or the system to obtain that protection is so cumbersome, so demanding on them, that surrender is ultimately the chosen option. And village operators know that and use it to their own financial advantage.

All this from a Victorian Labor government that fails to enforce the law as it is currently written, let alone to improve it to protect the very people it was originally written to protect.

"The law was clearly on the side of the village residents. It was a lack of access to affordable, quick, decisive enforcement of the law that failed them most". - Retvilldotnet

Retirement villages, the process of for-profit operators seeking financial reward from this commercial activity under the guise of the provision of benevolent housing for older Victorians. Sadly and particularly in Victoria the commercial risks to operators are dampened by statute whilst at the same time the commercial rewards are enhanced by statute. 

For Victorian retirees who make that fateful decision to enter a retirement village it is the complete opposite. The payment of the capital value of the village unit, not for ownership simply occupancy. The payment of all the costs of property ownership with none of the rewards.

"Families need to be aware that what we are talking about here is the transfer of intergenerational wealth, not to families but into the pockets of corporations. Shame about the elderly not having enough money for aged care."

So what is wrong with Victorian Retirement villages, the answer is -

  1. Bureaucrats who don't really know or fully understand the product they are producing legislation for.
  2. Legislators who don't really know or fully understand the product they are enacting legislation for.
  3. State Governments who are far too easily seduced by slick marketing from the industry.
  4. A failure of all of the three parties above to listen to the one group of people who really do know and fully understand the product, the village residents and their families. 
Village residents understand because they suffer financially from the legislative inequities produced by Bureaucrats, Legislators, State Governments.


retirement village poverty trap






Wednesday, February 5, 2025

Transfer of Capital Wealth

Retirement Village Residents Get Trampled

Tuesday, January 28, 2025

Retirement Villages What is Wrong

 What is wrong with Victorian loan/lease retirement villages? 

  1. Property Ownership is never granted.
  2. You paid for it but you don't get to own it. 
  3. You only 'rent' it. 
  4. This through deceptive names like 'entry payment' and 'deferred management fee' that obscure the true $ cost.
  5. You pay for management of the property even though you don't own it.
  6. You pay for upkeep of the property even though you don't own it.
  7. At the end of your occupancy you can even pay to renovate the property you never owned.
retirement village rent lease


Monday, January 27, 2025

Deferred Management Fee Nonsense

The Jacinta Allan Government new definition of the 'Deferred Management Fee' as a fee for 'services' has ZERO functionality. 

This change is from the new proposed Victorian Retirement Villages Act.

ZERO functionality comes from the fact that village residents already pay 100% of the cost of 100% of the management services that Victorian retirement village operators claim and charge for as necessary to successfully operate the village.

Under Australian consumer law an operator cannot charge for ‘services’ where 1. there is no intent to supply or 2. no supply has in fact been made.

Competition & Consumer Act 2010
Chapter 3. 3-1 Unfair practices. Division 1. 36 - Wrongly Accepting Payment.

36-1 A person must not, in trade or commerce, accept payment or other consideration for goods or services if, at the time of the acceptance, the person intends not to supply the goods or services.

36-4 A person who, in trade or commerce, accepts payment or other consideration for goods or services must supply all the goods or services:

WHAT ARE THE NEW FEES?

HOW CAN THEY BE SUBSTANTIATED?

deferred management fee


Tuesday, January 21, 2025

Retirement Villages Look Before You Leap

When it comes to Victorian retirement villages the old adage of Look Before You Leap has never been more true. 

The new Jacinta Allan, Nick Staikos, Consumer Affairs Victoria operator centric 2025 version of the retirement villages act makes it even more imperative.

Research, research, research, the best outcome may be not to leap at all.
 

Monday, January 20, 2025

Retirement Village Residents Like Frog in Slow Boiling Water

Victorian retirement village residents are as vulnerable as a frog in slow boiling water, they don't know what is really happening to them.

The reality is a slow transfer of their hard earned capital wealth, not to their families, but to greedy corporations. Then they have to rely on the Australian taxpayer to fund their aged care costs.

The Victorian Labor government has just written an operator centric legislative framework to support this process.


retirement villages residents like frog in boiling water


Sunday, January 19, 2025

Retirement Village More Costly than a Residential Tenancy

Victorian Retirement Village residents can pay multiple times the cost of a residential tenancy for what is the same primary product, residential accommodation. Retirement villages are all smoke and mirrors hiding the true cost. 

Property ownership through retention of the family home or a true Body Corporate retirement village the only defence. 

retirement village versus a residential tenancy


Saturday, January 18, 2025

Growth & Innovation in Retirement Living Sector

The Victorian Minister for Consumer Affairs has introduced the new Retirement Villages Act as to 'provide for future growth and innovation in the retirement villages sector'. 


Of course village residents based on their lived experience in a village see it as code for 'to provide for future growth in profits and innovation as to how that can be achieved'.


retirement village future growth and innovation


Friday, January 17, 2025

Retirement Village Fox in the Hen House

The new proposed Victorian Retirement Villages Act 1986 has put the Fox in the Henhouse by government decree. 

As though written by operators for operators, brushing residents aside in their insatiable pursuit of even bigger profits.

fox in hen house for retirement village residents


Sunday, January 12, 2025

Victorian Retirement Villages Act Problem

A problem with the new Victorian Retirement Villages Act.

There is a problem with the new Victorian Retirement Villages Act, the Jacinta Allan Labor government allows village operators to abuse the statutory term 'adjusted maintenance charge'. Village residents are misled into believing that the 'adjusted maintenance charge' is the 'maintenance charge' for the previous year adjusted for cpi. This is incorrect and residents are overcharged tens of thousands of invalid fees.

By statute the 'adjusted maintenance change' is the 'maintenance charge' in the very first year of the village adjusted for cpi in each year thereafter. There is an easy fix just change 'adjusted maintenance charge' to 'BENCHMARK FEE'.

benchmark fee


Tuesday, January 7, 2025

Victorian Retirement Village Rip-Off

The new Victorian Retirement Villages Act perpetuates the rip-off - 

The charging of an entry fee 'a purchase of property but without property ownership'. Misleading and convoluted occupancy contracts provide a smokescreen for what is essentially a residential tenancy by any other name.

residents protest against retirement villages act


Monday, January 6, 2025

Retirement Village Scales of Justice against Retirees

When it comes to the new Jacinta Allan Government Retirement Villages Act 2025. 

The scales of justice weigh heavily in favour of the retirement village operator and against the retiree.

retirement village scales of justice


Sunday, January 5, 2025

Cold Dark Hand Of Jacinta Allan Government

In relation to the new Victorian 2025 Retirement Villages Act. 

Residents are feeling the cold dark hand of the Victorian Jactina Allan Labor government over this operator centric document.

Operator centric retirement villages act


Saturday, January 4, 2025

Pro Operator Anti Resident Retirement Village Reports

Victorian retirement village operators won the quinella with these two pro operator anti resident documents tabled in parliament. 


Both the 2017 Legal and Social Issues Committee report and the proposed 2025 Retirement Villages Act set back the position of Victorian retirees they are supposed to defend.

retirement village pro operator anti resident

Thursday, January 2, 2025

What's wrong with Victorian retirement villages

What is wrong with the new Victorian Labor Retirement Villages Act? 

A failure of the Jacinta Allan government to listen to the people who actually know what is wrong, the residents. They will live it, they will suffer the consequences of it.
 
retirement villages what is wrong

Tuesday, December 31, 2024

Retirement Village Residents to have Unhappy New Year

Victorian Retirement Village Residents to have Unhappy New Year as they await the negative impact of the Labor Government new Retirement Villages Act 2024.

 

Unhappy New Year for Victorian Retirement Village Residents

Monday, December 30, 2024

Home Truths for Retirement Villages

In a slap in the face for retirees, the new Victorian Labor Retirement Villages Act 2024 brings no change to these two home truths when it comes to retirement villages.

In a recent ABC news report the following quotes were published - "The industry, which has minimal regulatory oversight, has been described by retired actuary and academic Tim Kyng as peddling "cunningly designed rip-offs" and by crossbench federal MP Rebekha Sharkie as engaging in a form of "corporatised elder abuse"."

See full article here - 'Corporatised Elder Abuse'.

retirement village corporatised elder abuse

Sunday, December 29, 2024

Retirement Village Residents 12 Month Wait For Refund

Under the new Victorian Retirement Villages Act 2024, written for the benefit of the operators not the residents, village residents will now have to wait 12 months on leaving the village to get their refundable money back that they paid to the operator when they moved in.

Retirement village residents to wait 12 months for refund