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Retirement Villages

This is unlike any other property transaction.

You are not buying a home. You are paying for the right to occupy one, under terms set by someone else. Before you sign, understand what you are agreeing to.

Understanding ORAs

What's in an Occupation Right Agreement?

An ORA is a legal contract between you and the village operator. It governs everything: what you pay, what you get, and what happens when you leave.

"Most people spend more time choosing their unit than understanding the agreement that governs it."

Occupation Right

You are paying a capital sum for the right to live in a unit, not ownership of property. The village operator owns the building. You have a licence to occupy it.

  • You cannot sell the unit yourself
  • The village manages the exit process
  • What you get back depends on ORA terms

Weekly Fees

Beyond the capital sum, you'll pay ongoing weekly fees for village services, maintenance, and rates. These fees can increase over time.

  • Check what's included and optional add-ons
  • Understand increase mechanisms
  • Some continue after you leave

Exit Terms

When you leave, you don't receive an immediate refund. Most ORAs tie your refund to when a new resident moves in. This can take months or years.

  • Refund timing affects care transitions
  • Estate settlement can be delayed
  • Some villages offer guarantees

Capital Treatment

What happens if property values change? Different ORAs handle gains and losses differently. This affects what your family ultimately receives.

  • Some share gains with residents
  • Some retain all gains for operator
  • Loss protection varies widely

Cooling Off Period

The Retirement Villages Act gives you rights to cancel within a set time. Some agreements extend your rights.

The Big Number

The Deferred Management Fee

20-30%

Usually DMF range retained by villages

Example: Understanding the impact

Capital sum paid $700,000
DMF at 30% -$210,000
Maximum refund $490,000

This is before any other deductions. Very few agreements apply the DMF to exit value (which may be higher or lower).

Accrual Period

DMF usually accrues over 3-5 years. Leave before it's fully accrued and you pay less. Stay longer and it makes no difference.

Calculation Base

Is the DMF calculated on your original payment? Almost always, not the exit value.

What It Covers

Almost always, the DMF contributes to village maintenance, refurbishment, and operator margin. Understand what you are paying for.

Legal Requirement

Why independent advice isn't optional.

The Law Requires It

Retirement Villages Act 2003

Before signing an ORA, you must receive independent legal advice. This is a statutory requirement, not a suggestion.

Independent Means Independent

We work for you

The village may suggest lawyers. You should choose your own. We have no relationship with operators. Our only duty is to you.

Not Just a Signature

Genuine Understanding

We explain the agreement, model the numbers, answer your questions. We certify that you understand what you are signing.

"The village staff are often lovely and genuinely helpful. But they work for the operator. When it comes to the legal terms of your commitment, you need advice from someone who works for you."

How We Help

ORA Reviews

Before You Sign

We examine every clause that affects your financial position and rights. You'll understand the DMF, exit terms, weekly fees, and what happens if you need care.

Village Comparison

Choosing Wisely

Comparing villages? We help you understand the legal and financial differences between options. Small variations in wording can mean significant differences in outcome.

Resident Issues

After You Move In

Fee disputes, service issues, transfer to care. If you are already in a village and facing problems, we can review your position and advise on your options.

Estate Exits

For Families

When a resident passes, the estate must navigate exit provisions, timing, and refund calculations. We assist executors through this process.

Client Observations

What Our Clients Say

"Absolutely happy with our experience at Carlile Dowling. We are so fresh and new to all this legal stuff especially being our 1st home. You made everything easy to do and understand for us."

First home buyer

"Really professional and helpful. Kept me informed throughout the whole house sale process & made it way less stressful than I thought."

Property client

"Seamless & efficient service as always."

Repeat client

To ensure candour, all feedback was collected anonymously.

Common Questions

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Considering a retirement village?

We'll review the occupation right agreement and explain what it means.

Ready to get started?

We're here to help. Get in touch for clear, practical advice.

Let's talk about your situation

Every situation is unique. Get in touch to discuss how we can help.

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