THIRD SCHEDULE
Composition, Constitution and Proceedings of Collective Sale Committee
1.—(1) Subject to sub-paragraph (2), a collective sale committee shall comprise such number of persons as may be determined in a general meeting convened in accordance with the Second Schedule, but in no case less than 3 members or more than 14 members who are natural persons.
(2) Notwithstanding sub-paragraph (1), where the number of subsidiary proprietors of the lots in a strata title plan is not more than 3, the collective sale committee shall consist of each subsidiary proprietor (if any) who is a natural person or the subsidiary proprietor’s nominee, together with the nominee of each subsidiary proprietor (if any) which is a company.
(3) A person shall not be eligible for election as a member of a collective sale committee unless he is an individual of at least 21 years of age and who —
(a)
is a subsidiary proprietor of a lot;
(b)
is nominated for election by a subsidiary proprietor of a lot which is a company; or
(c)
is not a subsidiary proprietor but is a member of the immediate family of a subsidiary proprietor and is nominated for election by that subsidiary proprietor.
(4) Notwithstanding sub-paragraph (3), the following persons shall also not be eligible for election as a member of the collective sale committee:
(a)
an individual who is a joint subsidiary proprietor of a lot with another subsidiary proprietor, if that other subsidiary proprietor is also a candidate at that election or has nominated another person for that election; and
(b)
an individual who is nominated for election by a subsidiary proprietor who owns 2 or more lots, if that subsidiary proprietor together with any of his nominees —
(i)
nominated at the same election; or
(ii)
elected to the collective sale committee at the same or other election,
or such of his nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with sub-paragraph (6).
(5) Notwithstanding sub-paragraph (3) and without prejudice to sub-paragraph (4) —
(a)
an undischarged bankrupt; or
(b)
a subsidiary proprietor of a lot whose contributions and other moneys levied or recoverable by the management corporation under the Building Maintenance and Strata Management Act (Cap. 30C) in respect of that lot are in arrears,
shall be eligible for election as a member of a collective sale committee if, and only if, his status referred to in sub-paragraph (a) or (b) is declared in writing, whether by himself or by another, at the time of his nomination.
(6) For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a collective sale committee under sub-paragraph (4)(b), the threshold number for that subsidiary proprietor shall be —
(a)
the number of collective sale committee members that is proportional to the subsidiary proprietor’s share value, ignoring any fraction; or
(b)
49% of the number of collective sale committee members determined under sub-paragraph (1), ignoring any fraction,
whichever number is the lower.
2.—(1) If a person standing for election as a member of a collective sale committee is aware of any conflict of interest or potential conflict of interest, if any, with his duties or interests as a member of the collective sale committee (should he be elected) arising from —
(a)
his holding of any office;
(b)
his interest in any contract, whether alone or together with any of his associates;
(c)
his possession or ownership of any lot or common property that may be the subject of the collective sale, whether alone or together with any of his associates;
(d)
any direct or indirect relationship he or any associate of his has with any property developer, property consultant, marketing agent or legal firm;
(e)
the holding of any office by any of his associates;
(f)
his associate’s interest in a contract; or
(g)
his associate’s possession or ownership of any lot or common property that may be the subject of the collective sale,
he shall, before his election, declare at the general meeting convened for such election, the nature and extent of all such conflicts of interest or potential conflicts of interest.
(2) The election of any person who fails to comply with sub-paragraph (1) shall be void.
(3) If a member of a collective sale committee becomes aware of any conflict of interest or potential conflict of interest, if any, with his duties or interests as a member of the collective sale committee arising from —
(a)
his holding of any office;
(b)
his interest in any contract, whether alone or together with any of his associates;
(c)
his possession or ownership of any lot or common property that may be the subject of the collective sale, whether alone or together with any of his associates;
(d)
any direct or indirect relationship he or any associate of his has with any property developer, property consultant, marketing agent or legal firm;
(e)
the holding of any office by any of his associates;
(f)
his associate’s interest in a contract; or
(g)
his associate’s possession or ownership of any lot or common property that may be the subject of the collective sale,
he must, within the relevant period, declare in writing to the chairperson of the collective sale committee, the nature and extent of all such conflicts of interest or potential conflicts of interest.
(4) The collective sale committee whose member has made any such declaration under sub-paragraph (3) shall, within 7 days after the making of the declaration, give notice of the making of the declaration by causing a copy of the declaration to be affixed to a conspicuous part of each building comprised in the strata title plan or development, as the case may be.
(5) For the purposes of sub-paragraph (3), “relevant period” means —
(a)
in the case of a person who, on the date of commencement of section 10(a) of the Land Titles (Strata)(Amendment) Act 2010, is a member of a collective sale committee, a period of 30 days after that date; or
(b)
in any other case, 7 days after becoming aware of all conflicts of interest or potential conflicts of interest, if any, with his duties or interests as a member of the collective sale committee arising from the circumstances described in sub-paragraph (3).
(6) For the purposes of sub-paragraphs (1) and (3), a person, A, is an associate of another person, B, if —
(a)
A is the spouse or a parent, remoter lineal ancestor or step-parent or a son, daughter, remoter issue, step-son or step-daughter or a brother or sister, of B;
(b)
A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B;
(c)
B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A;
(d)
A is a person with whom B has an agreement or arrangement, whether oral or in writing and whether express or implied, to act together with respect to the acquisition, holding or disposal of shares or other interests in, or with respect to the exercise of their voting power in relation to, any property developer, property consultant, marketing agent or legal firm;
(e)
A is a corporation in which B, alone or together with other associates of B as described in sub-paragraphs (b) and (c), is in a position to control not less than 5% of the voting power in A.
3. The chairperson of the collective sale committee shall be appointed from among its members.
4. A member of the collective sale committee shall hold office for the duration of the collective sale agreement until —
(a)
the collective sale committee is dissolved; or
(b)
he vacates office under paragraph 5.
5. A person who is a member of a collective sale committee shall vacate his office as such a member —
(a)
if the person was a subsidiary proprietor at the time of his election and he ceases to be a subsidiary proprietor;
(b)
if the person was the nominee of a subsidiary proprietor and the subsidiary proprietor who nominated him —
(i)
ceases to be a subsidiary proprietor; or
(ii)
notifies the collective sale committee in writing that the person’s office as a member of the collective sale committee is vacated;
(c)
upon the receipt by the collective sale committee from the person of a notice in writing of the person’s resignation;
(d)
where he is a member under paragraph 1(2) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the collective sale committee at a general meeting convened after that increase;
(e)
if the person is removed from office at a general meeting;
(ea)
if the person is removed from office by the collective sale committee in accordance with paragraph 8 on the ground that an application to a Board has been made under section 84A or 84FA during his tenure as a member and the person is a subsidiary proprietor, or a nominee of a subsidiary proprietor, who has not executed the collective sale agreement to which the application relates;
(f)
if the person dies;
(g)
if the person becomes a mentally disordered person within the meaning of the Mental Disorders and Treatment Act (Cap. 178); or
(h)
if the person is convicted, on or after 4th October 2007, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty.
6. The chairperson of a collective sale committee shall preside at all meetings of the collective sale committee at which he is present and, if he is absent from any such meeting, the members of the collective sale committee present at that meeting shall appoint one of their number to preside at that meeting during the absence of the chairperson.
7.—(1) The collective sale committee shall convene one or more general meetings of the management corporation in accordance with the Second Schedule for the following purposes:
(a)
to appoint any advocate and solicitor, any property consultant or marketing agent in connection with a collective sale where the collective sale committee is not already authorised at a general meeting to make such appointments;
(b)
to approve the apportionment of sale proceeds; and
(c)
to approve the terms and conditions of the collective sale agreement.
(d)
[Deleted by Act 13/2010 wef 15/07/2010]
(e)
[Deleted by Act 13/2010 wef 15/07/2010]
(f)
[Deleted by Act 13/2010 wef 15/07/2010]
(g)
[Deleted by Act 13/2010 wef 15/07/2010]
(2) The meeting for any of the purposes in sub-paragraph (1)(a), (b) and (c) shall be convened before any subsidiary proprietor signs the collective sale agreement.
(3) After the subsidiary proprietors referred to in section 84A(1) or 84FA(2) have signed a collective sale agreement but before the launch for sale referred to in paragraph 11, the collective sale committee must convene a meeting of subsidiary proprietors, of which at least 7 days’ notice is given —
(a)
to give an update on the total number of subsidiary proprietors who, immediately before the date of the meeting, have signed the collective sale agreement; and
(b)
to provide information on the sale proposal and the sale process.
(4) As soon as practicable after the close of the public tender or public auction referred to in paragraph 11 or, where applicable, after the collective sale committee has entered into a private contract under that paragraph, the collective sale committee must convene a meeting of subsidiary proprietors, of which at least 7 days’ notice is given —
(a)
to provide information on the number of offers received for the collective sale and the respective prices so offered; and
(b)
to provide information on the terms and conditions of the sale and purchase agreement.
8.—(1) At any meeting of a collective sale committee, a quorum shall consist of the majority of the members of the collective sale committee except that where a management corporation for a strata title plan has only 2 subsidiary proprietors, the presence of the member who owns more than 50% of the aggregate share value of all the lots comprised in the strata title plan shall be the quorum required to convene the meeting of the collective sale committee.
(2) A decision of the majority of members of the collective sale committee present and voting at any meeting of the collective sale committee shall be a decision of the collective sale committee except that where a management corporation for a strata title plan has only 2 subsidiary proprietors, the decision of the member who owns more than 50% of the aggregate share value of all the lots comprised in the strata title plan shall be the decision of the collective sale committee.
(3) A collective sale committee shall cause a record of its decisions and minutes of its meetings to be kept.
9.—(1) The collective sale committee shall keep minutes of its proceedings and shall cause minutes of general meetings convened in accordance with the Second Schedule to be kept.
(2) If the management corporation is required by its by-laws to maintain a notice board, the collective sale committee shall cause a copy of the minutes of a meeting of the collective sale committee to be displayed on the notice board within 7 days after the meeting.
(3) A copy of any minutes referred to in sub-paragraph (2) shall be kept displayed on the notice board for a period of not less than 14 days.
(4) If there is no notice board, the collective sale committee shall give each subsidiary proprietor a copy of the minutes referred to in sub-paragraph (2) within the period specified in that sub-paragraph.
(5) The collective sale committee shall —
(a)
ensure that proper books of account are kept in respect of all sums of money received and expended for the purposes of a collective sale specifying the matters in relation to which the receipts and expenditure take place; and
(b)
on the application of a subsidiary proprietor or mortgagee of a lot (or any person authorised in writing by him), make the books of account available for inspection at all reasonable times.
10. Any act or proceeding of a collective sale committee done in good faith shall, notwithstanding that at the time when the act or proceeding was done, taken or commenced there was —
(a)
a vacancy in the office of a member of the collective sale committee; or
(b)
any defect in the appointment or any disqualification of any such member,
be as valid as if the vacancy, defect or disqualification did not exist and the collective sale committee were fully and properly constituted.
11.—(1) The collective sale of all lots and common property in a strata title plan shall be launched for sale only by way of public tender or public auction.
(2) A valuation report by an independent valuer on the value of the development as at the date of the close of the public tender or public auction shall be obtained by the collective sale committee on the date of the close of the public tender or public auction.
(3) Notwithstanding sub-paragraph (1), the collective sale committee may, within 10 weeks from the close of the public tender or public auction, enter into a private contract with a purchaser for the sale of all the lots and common property in a strata title plan.
12.—(1) A collective sale committee may be dissolved —
(a)
by ordinary resolution at a general meeting of the management corporation convened in accordance with the Second Schedule; or
(b)
upon the termination or expiry of the collective sale agreement.
[46/2007]
(2) A collective sale committee that is constituted for the purposes of a collective sale of all lots and the common property in a strata title plan to which section 84A or 84FA applies, or a collective sale of all the flats and land in a development to which section 84D or 84E applies, shall be dissolved if —
(a)
in the case of such a committee that is constituted before the date of commencement of section 10(g) of the Land Titles (Strata) (Amendment) Act 2010, at the end of a period of 12 months after that date; or
(b)
in any other case, at the end of a period of 12 months after the committee is constituted,
there is no collective sale agreement for that collective sale or no subsidiary proprietor or proprietor, as the case may be, has executed a collective sale agreement for that collective sale.