Frequently Asked Questions (FAQs).
The questions and answers in this FAQ sheet are provided as a guide for your convenience. Clare House Retirement Village is a Registered Village pursuant to the Retirement Villages Act 2003, Registration Number: 2640831.
We have attempted to be as accurate as possible, but it does not replace the need for us to provide you with and for you to read and understand the Occupation Right Agreement, Disclosure Statement, Retirement Village’s Code of Practice 2008 and the Code of Residents’ Rights. The terms of these documents will take precedence over the terms of this FAQ sheet. Occupation Right Agreements will be offered to intending residents of Clare House Retirement Village.
It is important for all intending residents of Clare House Retirement Village to be fully aware of the nature of their occupation and ownership of their apartment or studio.
- Residents have the right to occupy their apartment or studio for life under an ORA, however the ownership of the underlying title to the land and buildings remains with Clare House Retirement Village Ltd.
- An ORA gives each resident the right to live in their apartment or studio for life and enjoy the use of the village according to the terms of the ORA.
- The ORA does not grant any entitlement for residents to share in any capital gain on termination of the agreement.
- See below for information about the charges in the ORA which will be payable by you.
The Retirement Villages Act 2003 (“RVA”) and its regulations govern the operation of the retirement villages in New Zealand. The Act requires the appointment of a Statutory Supervisor. Clare House Retirement Village has appointed Covenant Trustee Services Ltd. as Statutory Supervisor.
Under the Retirement Villages Act 2003 your solicitor must fully explain to you the ORA, Disclosure Statement, Code of Practice and Deed of Supervision. The ORA must be signed in the presence of your solicitor who has explained the ORA to you.
Under the RVA there is a 15 working day cooling off period after the date you have signed the ORA with your solicitor. During this period you can cancel your ORA without deductions. You will receive your deposit back. Unless otherwise agreed to with Clare House Retirement Village, you are unable to move into the village until at least 16 working days (generally 3 weeks) after the day of your signing the ORA with your solicitor.
Payments to take place on the termination of the ORA will generally include:
- The Village Contribution – a deduction is made on termination of an ORA.This contribution is for the on-going management of the village as well as the refurbishment of your apartment upon exiting.
- It is percentage of your original purchase price, that accrues at the rate of one-twenty fourth (1/24th) per month (and where less than a whole month has passed, pro-rated on a daily basis) from the commencement date.
In practical terms the Village Contribution works like this:
Example: Purchase price of ORA $260,000
|At period end||Village Contribution||Accumulated Fee||Total repayable to resident|
|Year 1||12% of purchase price||$31,200||$228,800|
|Year 2||24% of purchase price||$62,400||$197,600|
- A further 3% is deducted for administration costs.
- Any outstanding amount owed to Clare House Retirement Village Ltd.
- The full Village Outgoings Fee is charged for 6 months after you leave Clare House Retirement Village or until a new ORA of your apartment/studio has been signed and settlement funds have been received, whichever comes first. The Village Outgoings Fee is reduced by 50% if no new ORA has been entered into for the unit by the later of six months after the termination date or the date the residents stops living in the apartment/studio and removes all their belongings.
- Notes: Residents will be liable for the costs of repairing any damage to the interior of the dwelling (including chattels) which is not attributable to fair wear and tear.
The initial Village Outgoings Fee is expected to be charged at $125.00 per week, for an apartment or studio. $115.00 for a Villa.
This amount is paid monthly in advance.
It covers (but not exhaustively):
- Rates, insurance, water rates
- Statuatory Supervisor costs
- Accounting, auditing and legal costs
- External maintenance of the village including gardens
- Nurse call
- Security, fire compliance
It does not include:
- Insurance on your furniture, clothes, appliances and personal belongings.
- Telephone charges
- Sky television charges
Yes. The Village Outgoings Fee covers the costs of running the Clare House Retirement Village and can be changed.
All budgets and expenditure are presented to the Statutory Supervisor and residents before any increase takes effect.
Under the terms of the ORA, a Statutory Supervisor is appointed who represents the interests of the residents pursuant to the terms of its Deed of Supervision. In addition, the Clare House Retirement Village community will be given the opportunity to form its own Residents’ Committee that works with the Village management to ensure communication and that the village is aware of the needs of its residents. The Manager’s door is always open to discuss any issues or concerns you may have. Clare House Retirement Village is a member of the Retirement Villages Association which has a Code of Practice and Audit programme designed to protect the needs/rights of village residents.
Your garden around your apartment/studio is yours to tend to as you wish. Any plants and materials that you may require are at your own cost. However, should you wish to not tend to your garden then the village gardener will tend to your garden without any separate charge.
The village has a courtesy van which makes weekly trips to the supermarket. The village activities programme may also include other outings in the van from time to time. The cost of any external activities incurring a user pays charge will be payable by the resident.
No. The ORA is not transferable.
The ORA can only be issued in the names of the residents occupying the apartment/studio. However, the funds used to purchase the agreement can from for a Family Trust. In this case a separate deed can be drawn up between the parties involved to legally identify where the funds came from and where they are later to be distributed upon termination of the agreement. This matter should be discussed with your solicitor.
Your personal and general security is imperative to us. Fencing, swipe card access to the village and emergency call buttons in your apartment/studio are provided. Any concerns regarding your personal safety are to be raised with the village manager.
Your independence in encouraged however, assistance is available if required. You will be living in a community with like-minded people – of similar age with lots of different personal situations and personalities. A large range of activities are available with Clare House Retirement Village – which you can choose to be involved with if you wish. If, however, you simply wish to choose the quiet privacy of your own home, this is fine too. The choice is yours.
Of course – this is your home. Family and friends are welcome to stay with you for up to a maximum of three months, but they may not move in permanently. You may entertain your family and friends in the village community facilities, providing that you are present too.
Any resident that would like their pet to live with them at Clare House Retirement Village will be required to talk with the Village manager as each case will be determined on a case by case basis.
One of the great advantages of retirement communities is that there are always people to collect your mail, look after your home and even water your plants and feed your fish. Whether you are away for a week or a few months, the staff at Clare House Retirement Village will look after your home and garden.
Clare House Retirement Village insures the buildings (including carpets and floor coverings, drapes and fixed chattels). You are responsible for insuring your own contents and personal affects. You will also be responsible for the repair costs or excess on any insurance claims arising out of any wilful or deliberate damage done by yourself or one of your guests to the dwelling, chattels or community buildings.
Clare House Retirement Village is responsible for all the usual maintenance of your apartment/studio. However, any repairs that are not attributable to fair wear and tear may be charged back to the resident. This decision is solely are the discretion of Clare House Retirement Village.
As a first step, spend some time with the village manager to discuss your thoughts and needs. A full application form can be completed by the intending resident(s), we or our lawyer will provide you or your lawyer with the ORA, Disclosure Statement, Code of Practice 2008 and Code of Conduct, and the ORA can be signed with your solicitor.
From this point on the village manager will work with you to determine the appropriate occupation date for you to move into your apartment/studio and for the Capital Sum to be paid.