SECOND SCHEDULE
Sections 84A(1A)(a), (3), (7C) and (14), 84D(9) and (9A), 84E(15) and (15A) and 84FA(16) and paragraphs 1(1), 7(1), 9(1) and 12(a) of Third Schedule
General Meetings for Purposes of Collective Sale
1. This Schedule shall apply only to any general meeting convened by a management corporation for the purposes of a collective sale.
2.—(1) The council of a management corporation shall, on receipt by the secretary thereof of a requisition for a general meeting signed by —
(a)
one or more persons entitled to vote in respect of one or more lots, the share value or the total share value of which is at least 20% of the aggregate share value of all the lots whose subsidiary proprietors comprise the management corporation; or
(b)
not less than 25% of the total number of subsidiary proprietors of the lots whose subsidiary proprietors comprise the management corporation,
immediately proceed to convene a general meeting of the management corporation to be held as soon as practicable but in any case not later than 6 weeks after the receipt by the secretary of the requisition.
(2) In the case of land in a development to which section 84D applies, any general meeting shall be convened by —
(a)
the proprietors of the flats who own not less than 20% share of the land; or
(b)
not less than 25% of the total number of proprietors of the flats.
(3) In the case of land in a development to which section 84E applies, any general meeting shall be convened by —
(a)
the proprietors of the flats who own not less than 20% notional share of the land; or
(b)
not less than 25% of the total number of proprietors of the flats.
(4) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the registered address of the management corporation, and may consist of several documents in like form each signed by one or more requisitionists.
(5) If the council does not within 14 days after the date of the deposit of the requisition proceed to convene a meeting, the requisitionists, or any one of them representing more than 50% of the total voting rights of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene a meeting, but any meeting so convened shall not be held after the expiration of 3 months from that date.
(6) Any reasonable expenses incurred by the requisitionists by reason of the failure of the council to convene a meeting shall be paid to the requisitionists by the management corporation.
(7) In the case of land in a development to which section 84D or 84E applies, the general meeting may be convened by the proprietors referred to in sub-paragraph (2) or (3), as the case may be, in the same manner as nearly as possible as that in which meetings are to be convened.
3.—(1) A notice of a general meeting of a management corporation shall be served on each subsidiary proprietor who is a member thereof and on the first mortgagee of a lot, as ascertained from the strata roll, at least 14 days before the meeting.
(2) Every notice for a general meeting shall —
(a)
specify the place, day and hour for the meeting;
(b)
include each proposed resolution to be considered at the meeting;
(c)
specify any other business to be transacted at the meeting; and
(d)
inform each person to whom the notice is addressed that he may vote in respect of each proposed resolution and, where relevant, on election of members of the collective sale committee —
(i)
in the case of a subsidiary proprietor of a lot subject to a first mortgage shown on the strata roll, only if the mortgagee fails or neglects to exercise the voting power conferred upon him by this Schedule; and
(ii)
either in person or by proxy at the meeting.
(3) No motion shall be submitted at a general meeting unless —
(a)
notice of the motion has been given in accordance with this paragraph; or
(b)
the motion is a motion to amend a motion of which notice has been so given.
(4) A motion for the constitution of a collective sale committee and its powers, duties or functions shall be decided by ordinary resolution passed at the general meeting.
(5) In the case of land in a development to which section 84D or 84E applies, a notice of a general meeting of the proprietors of the flats shall be served on each proprietor by registered post at his last recorded address at the Land Titles Registry or the Registry of Deeds and placing a copy of the notice under the main door of every flat in the development.
4.—(1) A person shall be entitled to vote in respect of any lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee only if he is the subsidiary proprietor or a mortgagee in possession or a receiver of that lot as shown on the strata roll.
(2) Notwithstanding any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot shall be entitled to vote in respect of that lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and, if he votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal shall not be counted.
(3) The vote of co-proprietors or co-mortgagees may be cast by any of them in person or by a proxy and if both joint subsidiary proprietors or co-mortgagees are present at a meeting of the management corporation, the vote of the senior who casts a vote, whether in person or by a proxy, shall be accepted to the exclusion of the votes of the others; and for this purpose, seniority shall be determined by the order in which the names stand in the strata roll.
(4) In the case of land in a development to which section 84D or 84E applies, the seniority shall be determined by the order in which the names appear in the records at the Land Titles Registry or the Registry of Deeds.
(5) Only the subsidiary proprietor entitled to the first of 2 or more successive estates in a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee.
(6) A subsidiary proprietor who is the trustee of a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and the persons beneficially interested in the trust shall not be entitled to cast such a vote.
(7) The voting rights conferred by this paragraph shall be subject to section 65(9) and (10) of the Building Maintenance and Strata Management Act (Cap. 30C).
5.—(1) No business shall be transacted at any general meeting of a management corporation unless a quorum of subsidiary proprietors is present.
(2) A quorum shall be formed at any general meeting of a management corporation constituted in respect of a strata title plan when the number of subsidiary proprietors who own at least 30% of the aggregate share value for all lots comprised in that strata title plan are present at the meeting, either in person or by proxy.
(3) In the case of land in a development to which section 84D or 84E applies, the quorum shall be formed at any general meeting of the proprietors of the flats when the number of proprietors who own at least 30% of the share or notional share in land, as the case may be, are present at the meeting, either in person or by proxy.
6. At a general meeting of a management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act or would otherwise be unlawful or unenforceable.
7. Except as provided in paragraph 4(3), a vote on a motion submitted at a general meeting of a management corporation or on any election of members of the collective sale committee may be cast by the person entitled to vote, either personally or by his duly appointed proxy.
8. The chairperson of the management corporation shall preside at any general meeting of the management corporation at which he is present and, in his absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect one of their number to preside at that meeting and the person so elected shall, while he is so presiding, be deemed to be the chairperson of the management corporation.
9. The secretary of the management corporation shall put up a list of the names of the persons who are entitled to vote at a general meeting on the notice board maintained on the common property at least 48 hours before the general meeting.
10.—(1) A motion submitted at a general meeting of a management corporation shall be decided only according to the value, ascertained in accordance with sub-paragraphs (2) and (3), of the votes cast for and against the motion, whether personally or by proxy.
(2) Subject to sub-paragraph (3), for the purposes of sub-paragraph (1), the value of a vote cast on a motion submitted at a general meeting of a management corporation by a person entitled to vote in respect of a lot shall be equal to the share value of that lot.
(3) For the purposes of sub-paragraph (1), the value of the vote cast by a subsidiary proprietor of a proposed lot shall be 25% of the value that, but for this sub-paragraph, his vote would have under sub-paragraph (2), ignoring any fraction.
(4) A poll shall be taken in such manner as the chairperson thinks fit.
11. The declaration of the chairperson of the result of the voting on any proposal submitted at a general meeting of the management corporation shall be conclusive.
12. A company which is a subsidiary proprietor may under the seal of the company or the hand of its director or any duly authorised attorney appoint such person as it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation, and a person so authorised shall, in accordance with his authority or until his authority is revoked by the company, be entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual.
13.—(1) An instrument appointing a proxy shall be in writing —
(a)
under the hand of the person appointing the proxy or of his attorney duly authorised in writing; or
(b)
if the person appointing the proxy is a company, either under seal or under the hand of an officer or its attorney duly authorised.
(2) Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit:
I/We, .................................................... of being a member/members of the above-named management corporation, hereby appoint/appoints .................................... , of .........................................................., or failing him, of............................................................ , as my/our proxy to vote for me/us on my/our behalf at the general meeting of the management corporation, to be convened on the ............... day of ................... 20 ........., and at any adjournment thereof. | |
Signed this .......... day of ........ 20 ....... . | |
This form is to be used *in favour of/against the resolution. | |
*Strike out whichever is not desired. [Unless otherwise instructed, the proxy may vote as he thinks fit.] | |
14. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed, or a notarially certified copy of that power or authority, shall be deposited at the registered address of the management corporation or at such other place in Singapore as is specified for that purpose in the notice convening the meeting —
(a)
not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote; or
(b)
in the case of a poll, not less than 48 hours before the time appointed for the taking of the poll,
and in default, the instrument of proxy shall not be treated as valid.
15.—(1) A proxy need not be a subsidiary proprietor.
(2) Subject to sub-paragraph (3), a person duly appointed as a proxy —
(a)
if entitled to vote otherwise as a proxy, may also vote in his own right; and
(b)
if appointed as proxy for more than one person, may vote separately as a proxy in each case.
(3) A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on the matter.
16. A vote given in accordance with the terms of an instrument of proxy or attorney shall be valid notwithstanding the previous death or unsoundness of mind of the principal or revocation of the instrument or of the authority under which the instrument was executed, or the transfer of the share in respect of which the instrument is given, if no intimation in writing of such death, unsoundness of mind, revocation or transfer has been received by the management corporation at its registered address or such other place in Singapore referred to in paragraph 14 before the commencement of the meeting or adjourned meeting at which the instrument is used.
[46/2007]