Posted: 2024-11-28 18:52:34

An 84-year-old woman who had to move out of her retirement unit for more than three months after the roof collapsed has called for better transparency and explanation to older unit owners about their obligations and rights.

Barbara Dalton has owned her unit in Keyton's The Lakes retirement community in Bundaberg, four hours north of Brisbane, for the past 20 years.

In March her kitchen, whitegoods, and furniture were destroyed and her home deemed unliveable when water damage caused by a rodent chewing through a pipe led to the roof caving in.

A kitchen covered in a thick layer of insulation with a ladder in the middle and roof falling down.

The aftermath of the collapsed ceiling in Barbara Dalton's retirement village unit. (Supplied: Barbara Dalton)

Ms Dalton was suddenly displaced with her two beloved dogs.

Over the next three-and-a-half months she room-hopped four times while waiting for repairs to be completed on her unit.

It was an experience she described as "absolutely terrible".

She has been using it as a warning to other retirees of the pitfalls when the unexpected happened.

'I'm just a dollar sign'

While temporarily homeless, the operator of The Lakes found a motel room for Ms Dalton to move into, but with two dogs to care for she said it was not suitable.

"There was a tablecloth-sized yard out the front that was straight onto traffic. It certainly wasn't an ideal place," Ms Dalton said.

Eventually she took up an offer to stay in a donga on a friend's property.

"[My dogs] had somewhere to play and I had somewhere to live," she said.

A kitch covered in a thick layer of insulation dust.

Barbara Dalton was left $5,000 out of pocket to replace her whitegoods and furniture. (Supplied: Barbara Dalton)

"But there was no shower, no toilet, and I had to make do with very basic amenities."

Ms Dalton has functional neurological disorder (FND), a problem with how the brain receives and sends information to the rest of the body.

She said the stress of being displaced exacerbated her condition.

"Considering that I've been here for 20 years and paid my dues, looked after my unit, trying to do the right thing, I sort of feel that now I'm just a dollar sign," Ms Dalton said.

'Health and wellbeing prioritised'

The Lakes retirement village is one of 75 that Keyton operates across Australia.

Keyton is owned by superannuation and pension funds Aware Super and APG, as well as property company Lendlease.

All residents at The Lakes own their freehold units and make up the body corporate, which covers building insurance.

But residents are responsible for their contents insurance and pest control, other than termite inspections.

An elderly woman in a green top standing in front of her home.

Barbara Dalton wants more transparency around rights and responsibilities of those living in retirement communities. (ABC Wide Bay: Nikki Sorbello)

The damage to Ms Dalton's unit was covered by the body corporate's building insurance, but her contents insurance did not cover rodent damage.

She said she was left $5,000 out of pocket replacing furniture and whitegoods.

Keyton chief executive Nathan Cockerill said in all instances of damage to residents' homes, Keyton prioritised the health and wellbeing of the resident.

"We do whatever we can to resolve issues as quickly and efficiently as possible, including where residents need to move into alternative accommodation on a temporary basis," Mr Cockerill said in a statement.

"In relation to Mrs Dalton's case, the team at The Lakes did everything they could to assess the damage and source trades to repair her home as quickly as possible and find accommodation that would suit Mrs Dalton's needs in a challenging regional market, including pet-friendly and kennelling options.

"Mrs Dalton chose not to take up these options and decided to find her own accommodation for the period she was out of her home."

Better transparency needed

Ms Dalton said the experience had left her shaken and that she had no idea she was responsible for pest inspections as the owner.

She has called for better transparency and explanation to older unit owners about their obligations and rights in retirement villages.

"I'm absolutely happy to be back in my home, and it's all lovely, but it doesn't make up for months of absolute horror," she said.

Senior lawyer Amanda Hess from the not-for-profit Caxton Legal Centre said retirement village contracts could be a legal quagmire for retirees.

Ms Hess leads the Queensland Retirement Village and Park Advice Service, a free legal service for people who live, or wish to live, in a retirement village or manufactured home park.

From maintenance and repairs to visitor restrictions, exit fees, and reinstatement costs, Ms Hess said retirees needed to study the fine print of their contracts.

A woman in a black top standing in front of a white wall

Amanda Hess from the not-for-profit Caxton Legal Centre says retirement community legal advice is essential.  (Supplied: Amanda Hess)

"The legal side of moving into a retirement village is pretty different to housing contracts that people encounter over their lifetime, so it's really important to get legal advice about what you're signing up for," Ms Hess said.

States and territories regulate retirement villages under their own retirement village laws.

In Queensland, recent changes in 2023 to the Retirement Villages Act has strengthened consumer protections.

Ms Hess said reform would make the process easier to navigate.

"At the moment they are looking at putting together a standard contract and having a list of prohibited terms in the Retirement Villages Act," she said.

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