The operator of a retirement village may use money from the capital works fund for a purpose (other than a purpose mentioned in the Act
, section 144 (1) (a) or (b)) if—
(a) the residents of the village have, by special resolution, consented to the money being used for the purpose; and
(b) the use of the money for the purpose does not involve the funding of a matter mentioned in the Act
, section 141 (3) (Funding of certain capital maintenance and capital replacement).