Queensland Consolidated Acts Queensland Consolidated Acts(1) A residence contract is 1 or more written contracts, other than an excluded contract, about residence in a retirement village entered into between a person and the scheme operator.
(2) A residence contract includes any other contract (an ancillary contract) between the person and the scheme operator if the ancillary contract is dependent on, or arises out of, the making of the residence contract or another ancillary contract.
(3) Without limiting the interests that a residence contract may be based on, a residence contract may be based on a freehold interest in an accommodation unit.
(4) To be a residence contract, a contract must—
(a) either—
(i) purport to give a person, or give rise to a person having, an exclusive right to reside in an accommodation unit in the retirement village; or
(ii) provide for, or give rise to, obligations on a person in relation to the person's or someone else's residence in the retirement village; and
(b) purport to give a person, or give rise to a person having, a right in common with other residents in the retirement village, to use and enjoy the retirement village's communal facilities; and
(c) contain or incorporate—
(i) a service agreement or an agreement to enter into a service agreement that includes a copy of the service agreement; and
(ii) if the contract includes an ancillary agreement that is not signed contemporaneously with the contract, an agreement to enter into the ancillary agreement that includes a copy of the ancillary agreement; and
(d) restrict the way in which, or the persons to whom—
(i) the right to reside in the retirement village may be disposed of during the resident's lifetime; or
(ii) if the contract is based on a freehold interest in an accommodation unit—the resident's interest may be disposed of during the resident's lifetime.