On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 02/07/2010.
9. The Second Schedule to the principal Act is amended —
(a)
by deleting the words “The council” in paragraph 2(1) and substituting the words “Subject to sub-paragraph (1A), the council”;
(b)
by inserting, immediately after sub-paragraph (1) of paragraph 2, the following sub-paragraph:
“(1A) If a relevant event happens, the council of the management corporation shall not, on receipt by the secretary thereof of another requisition for a general meeting, proceed to convene another general meeting of the management corporation for the purposes of a collective sale unless —
(a)
a period of 2 or more years has elapsed since the happening of the relevant event; or
(b)
the requisition is signed —
(i)
in the case of the first requisition after the happening of the relevant event — by at least 50% of the total number of subsidiary proprietors of lots that comprise the management corporation or by 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 50% of the aggregate value of all the lots whose subsidiary proprietors comprise the management corporation; and
(ii)
in the case of the second or subsequent requisition after the happening of the relevant event — by at least 80% of the total number of subsidiary proprietors of lots that comprise the management corporation or by 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 80% of the aggregate value of all the lots whose subsidiary proprietors comprise the management corporation.”;
(c)
by deleting the words “In the case of” in paragraph 2(2) and substituting the words “Subject to sub-paragraph (2A), in the case of”;
(d)
by inserting, immediately after sub-paragraph (2) of paragraph 2, the following sub-paragraph:
“(2A) If a relevant event happens, the proprietors of flats in a development to which section 84D applies shall not proceed to convene another general meeting for the purposes of a collective sale unless —
(a)
a period of 2 or more years has elapsed since the happening of the relevant event; or
(b)
the requisition for the meeting is made —
(i)
in the case of the first requisition after the happening of the relevant event — by proprietors of flats in the development who own not less than 50% share of the land or by not less than 50% of the total number of proprietors of such flats; and
(ii)
in the case of the second or subsequent requisition after the happening of the relevant event — by proprietors of flats in the development who own not less than 80% share of the land or by not less than 80% of the total number of proprietors of such flats.”;
(e)
by deleting the words “In the case of” in paragraph 2(3) and substituting the words “Subject to sub-paragraph (3A), in the case of”;
(f)
by inserting, immediately after sub-paragraph (3) of paragraph 2, the following sub-paragraph:
“(3A) If a relevant event happens, the proprietors of flats in a development to which section 84E applies shall not proceed to convene another general meeting for the purposes of a collective sale unless —
(a)
a period of 2 or more years has elapsed since the happening of the relevant event; or
(b)
the requisition for the meeting is made —
(i)
in the case of the first requisition after the happening of the relevant event — by proprietors of flats in that development who own not less than 50% notional share of the land or by not less than 50% of the total number of proprietors of such flats; and
(ii)
in the case of the second or subsequent requisition after the happening of the relevant event — by proprietors of flats in that development who own not less than 80% notional share of the land or by not less than 80% of the total number of proprietors of such flats.”;
(g)
by inserting, immediately after the words “the deposit of the requisition” in sub-paragraph (5) of paragraph 2, the words “made by requisitionists referred to in sub-paragraph (1) or (1A)(b), as the case may be,”;
(h)
by deleting the words “sub-paragraph (2) or (3)” in sub-paragraph (7) of paragraph 2 and substituting the words “sub-paragraph (2), (2A), (3) or (3A)”;
(i)
by inserting, immediately after sub-paragraph (7) of paragraph 2, the following sub-paragraph:
“(8) For the purposes of sub-paragraphs (1A), (2A) and (3A), a relevant event occurs when —
(a)
no quorum of proprietors is present at a general meeting —
(i)
of a management corporation under sub-paragraph (1) convened on or after the date of commencement of section 9(b) of the Land Titles (Strata) (Amendment) Act 2010;
(ii)
of proprietors of flats in a development to which section 84D applies under sub-paragraph (2) convened on or after the date of commencement of section 9(d) of the Land Titles (Strata) (Amendment) Act 2010; or
(iii)
of proprietors of flats in a development to which section 84E applies under sub-paragraph (3) convened on or after the date of commencement of section 9(f) of the Land Titles (Strata) (Amendment) Act 2010;
(b)
the motion for the constitution of a collective sale committee, notice of which was given in accordance with paragraph 3, is defeated at the general meeting referred to in sub-paragraph (a)(i), (ii) or (iii);
(c)
the collective sale agreement executed among the subsidiary proprietors that comprise the management corporation, or the collective sale agreement executed among the proprietors of flats referred to in section 84D(2) or 84E(3), as the case may be, expires at any time on or after the date of commencement of section 9(i) of the Land Titles (Strata) (Amendment) Act 2010;
(d)
the collective sale committee 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, as the case may be, is dissolved at any time on or after the date of commencement of section 9(i) of the Land Titles (Strata) (Amendment) Act 2010 by virtue of the operation of paragraph 12(2) of the Third Schedule; or
(e)
every member of a collective sale committee constituted for the purposes of a collective sale referred to in sub-paragraph (d) is removed from office on or after the date of commencement of section 9(i) of the Land Titles (Strata) (Amendment) Act 2010 and no other collective sale is constituted in replacement for the purposes of the same collective sale.”; and
(j)
by inserting, immediately after sub-paragraph (3) of paragraph 5, the following sub-paragraph:
“(4) If at the end of 60 minutes after the time appointed for holding a general meeting of a management corporation referred to in sub-paragraph (2) or the proprietors of flats referred to in sub-paragraph (3), no quorum as specified in sub-paragraph (2) or (3), as the case may be, is present, that general meeting shall immediately stand dissolved.”.