Colt12 – Is your scheme a genuine ‘retirement village’ that is covered by the Retirement Villages Act 1999 and the Retirement Villages Regulations 2009, or it a ‘residential community’ where the Developer has used the over 55 angle as a marketing tool and has maybe created some ‘over 55’ community rules?
‘Residential community’ is the new name for residential parks, caravan parks and manufactured home estates where people live on a permanent basis.
Under the Residential (Land Lease) Communities Act 2013, residents can apply to NCAT to resolve a wide range of disputes including community rules disputes.
If your scheme is a ‘retirement village’ then some information from the NSW Office of Fair Trading is here:
https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Retirement_villages.page
If your scheme is a retirement village then not all residents need to be over 55, but generally most residents are aged over 55. The key word is “retired“.
A retired person means a person who has reached the age of 55 years or has retired from full-time employment. The 43 year old in question may have “retired” from full time employment.
The definitions of who qualifies to live in a Retirement Village are here:
https://www.legislation.nsw.gov.au/#/view/act/1999/81/part1/sec5
NCAT can resolve disputes about retirement villages in NSW