The importance of upholding community standards in retirement villages

Retirement villages are much more than places to live and work - they are vibrant communities built on shared values and mutual respect. These standards, collectively upheld by both operators and residents, are the foundation of a harmonious and fulfilling environment for everyone involved.

The significance of these community standards was recently highlighted in the Qld Tribunal decision of Keyton WA for Qld Pty Ltd v Sonerson [2024] QCAT 324, handed down on 5 August 2024. This case focused on the conduct and behavior of Mr Sonerson, who was accused of numerous incidents involving abuse, threats, disrespect and intimidation directed towards individual residents, staff members and the village as a whole.

The Tribunal ruled in favor of the Operator, ordering Mr Sonerson not to engage in any behavior that could bring the village into disrepute or negatively impact residents and staff. The decision included declarations that Mr Sonerson’s conduct was a breach of the terms of his lease and violated the behavioural requirements outlined in section 136 of the Retirement Villages Act 1999 (Qld).

Introduced as part of the Housing Legislation (Building Better Futures) Amendment Act 2017, section 136 enshrines the obligation of residents to “respect the rights of others”. This provision was designed to protect not only residents, but also visitors and staff members who may be present in the village. When this section was first introduced in 2017, some questioned its necessity and impact, wondering if it was truly possible—or even necessary—to legislate good manners. Now, nearly seven years later, the importance of this law has become evident.

Arguably, laws reflect community standards.? Section 136 embodies a broader understanding that everyone within a retirement village, whether living or working there, deserves to be treated with respect and dignity. By finding that Mr Sonerson had breached this section, the Tribunal has reminded us that retirement villages are governed not just by legal rules but by a commitment to the well-being of the entire community.

This ruling serves as a victory for the entire sector, reinforcing that respect and adherence to community standards are crucial to maintaining harmony in retirement villages. When residents and staff work together to uphold these values, they create a safe, respectful, and supportive environment that benefits everyone.