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Contents

Long Title

Part I PRELIMINARY

Part II APPOINTMENT OF OFFICERS

Part III MAINTENANCE OF BUILDINGS

Part IV DEALINGS IN STRATA SUBDIVIDED BUILDINGS

Part V MANAGEMENT OF STRATA SUBDIVIDED BUILDINGS

Division 1 — Management by owner developer before management corporation constituted

Division 2 — Management corporations and common property

Division 3 — Councils

Division 4 — Subsidiary proprietors and occupiers

Division 5 — Managing agents

Division 6 — Insurance

Division 7 — Subsidiary management corporations and limited common property

Division 8 — Termination of strata scheme

Division 9 — Miscellaneous

Part VI DISPUTES AND STRATA TITLES BOARDS

Division 1 — Strata Titles Boards

Division 2 — Types of orders by Board

Division 3 — Miscellaneous

Part VII STAGED DEVELOPMENTS

Part VIII GENERAL

FIRST SCHEDULE General Meetings of Management Corporations and Subsidiary Management Corporations

SECOND SCHEDULE Proceedings of Councils and Executive Committees

THIRD SCHEDULE Consequential Amendments to Land Titles (Strata) Act (Chapter 158, 1999 Edition)

FOURTH SCHEDULE Transitional and Savings Provisions

FIFTH SCHEDULE Consequential Amendments to Other Written Laws

Legislative Source Key

Legislative History

Comparative Table

 
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Division 3 — Councils
Council of management corporation
53.
—(1)  Subject to this section, after the first annual general meeting, every management corporation shall have a council which shall consist of such number of persons as the management corporation may determine in a general meeting, but in no case exceeding a total of 14 natural persons (inclusive of any member of an executive committee of a subsidiary management corporation in section 80(4)), and these persons shall be elected or appointed in accordance with this Act as follows:
(a)
a chairperson;
(b)
a secretary;
(c)
a treasurer; or
(d)
a member of the council,
all of whom shall be natural persons elected or appointed in accordance with this Act.
(2)  Notwithstanding subsection (1), where a management corporation has not more than 3 subsidiary proprietors, the council of the management corporation 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)  Where a management corporation has only one subsidiary proprietor, the sole subsidiary proprietor may make any decision that a duly convened council may make under this Act, and any such decision shall be deemed to be a decision of the council of the management corporation.
(4)  All the members of the council of a management corporation shall be elected at each annual general meeting of the management corporation.
(5)  The members of the council of a management corporation shall retire from office at the conclusion of the next annual general meeting of the management corporation, but a retiring member of the council shall (subject to the provisions of this Act) be eligible for re-election.
(6)  A person shall not be eligible for election as a member of the council of a management corporation 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.
(7)  Notwithstanding subsection (6), an individual referred to in that subsection shall not be eligible for election as a member of the council of a management corporation if, on the third day before the date of election —
(a)
where he is a subsidiary proprietor of a lot, all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears;
(b)
where he is nominated for election by a subsidiary proprietor of a lot which is a company, all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears; or
(c)
where he is a member of the immediate family of a subsidiary proprietor of a lot and is nominated for election by that subsidiary proprietor, all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears.
(8)  Notwithstanding subsection (6) and without prejudice to subsection (7), the following persons shall also not be eligible for election as a member of the council:
(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 or appointed to the council at the same or other election,
or such of his nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with subsection (12).
(9)  Notwithstanding subsection (6) and without prejudice to subsections (7) and (8), an undischarged bankrupt shall be eligible for election as a member of the council if, and only if, his status as an undischarged bankrupt is declared in writing, whether by himself or by another, at the time of his nomination.
(10)  Where there is no council of a management corporation, the parcel comprised in a strata title plan shall be administered by the management corporation constituted for that strata title plan, but nothing in this subsection shall prevent a managing agent appointed under this Act from exercising or performing any power, duty or function conferred or imposed upon him.
(11)  The Second Schedule shall have effect with respect to the proceedings of the council of a management corporation.
(12)  For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a council under subsection (8)(b), the threshold number for that subsidiary proprietor shall be —
(a)
the number of council members that is proportional to the subsidiary proprietor’s share value, ignoring any fraction; or
(b)
49% of the number of council members determined under subsection (1), ignoring any fraction,
whichever number is lower.
[LT(S)A, s. 60]
Vacation of office of member of council
54.
—(1)  A person who is the chairperson, secretary or treasurer or a member of a council shall vacate his office as such a member —
(a)
if the person was a subsidiary proprietor at the time of his appointment or 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 management corporation in writing that the person’s office as a member of the council is vacated;
(c)
if the person fails to attend 3 consecutive meetings of the council without having first obtained from the council permission to be or to remain absent therefrom, the granting of which shall not be unreasonably withheld;
(d)
upon the receipt by the management corporation from the person of a notice in writing of the person’s resignation;
(e)
at the end of the next annual general meeting at which a new council is elected by the management corporation or upon the election at a general meeting of another person to that office, if earlier;
(f)
where he is a member under section 53(2) or (3) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the council at the first annual general meeting held after that increase;
(g)
if the management corporation removes him from his office;
(h)
if the person dies;
(i)
if the person becomes mentally disordered and incapable of managing himself or his affairs; or
(j)
if the person is convicted, on or after 1st April 2005, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty.
(2)  A management corporation may remove a member of its council from office —
(a)
without a general meeting —
(i)
where he is a subsidiary proprietor at the time of his appointment or election, if all or any part of his contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of his lot are in arrears for more than 3 months; or
(ii)
where he is a nominee of a subsidiary proprietor, if all or any part of that subsidiary proprietor’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of the subsidiary proprietor’s lot are in arrears for more than 3 months; or
(b)
by ordinary resolution at a general meeting in any other case, including on any of the following grounds:
(i)
misconduct;
(ii)
neglect of duty; or
(iii)
incapacity or failure to carry out satisfactorily the duties of his office.
(3)  Upon the occurrence of a vacancy in the office of the chairperson, secretary or treasurer or other member of the council, otherwise than by reason of subsection (1)(e) or (f), the council may appoint a person eligible for election as such to fill the vacancy, and any person so appointed shall hold that office for the balance of his predecessor’s term of office.
(4)  The members for the time being of the council shall, notwithstanding anything in the Second Schedule, constitute a quorum at a meeting of the council for the purpose only of —
(a)
appointing a person under subsection (3) to fill a vacancy in the office of the chairperson, secretary, treasurer or other member of a council; or
(b)
convening a general meeting of the management corporation for that purpose.
[LT(S)A, s. 61]
Chairperson, secretary and treasurer of council
55.
—(1)  The chairperson, secretary and treasurer of the council of a management corporation shall be the chairperson, secretary and treasurer of the management corporation.
(2)  Where the chairperson, secretary and treasurer of the council have not been appointed by the management corporation at its annual general meeting, the members of the council shall, at the first meeting of the council after they assume office as such members, appoint the chairperson, secretary and treasurer of the council.
(3)  A person —
(a)
shall not be appointed to the office of chairperson, secretary or treasurer of the council unless he is a member of the council; and
(b)
subject to this section, may be appointed to one or more of those offices.
(4)  A person appointed to the office of chairperson, secretary or treasurer of the council shall hold office until —
(a)
he ceases to be a member of the council;
(b)
the receipt by the management corporation from him of a notice in writing of his resignation from that office; or
(c)
another person is appointed by the council or by the management corporation in a general meeting to hold that office,
whichever first happens.
(5)  Notwithstanding anything in this Act, a person appointed to the office of chairperson, secretary or treasurer of the council of a management corporation shall not resign his office until —
(a)
a meeting of the council is first convened for the purpose of appointing another person to fill his vacancy; or
(b)
a general meeting is first convened for the purpose of electing another person to fill his vacancy,
and any purported resignation or vacation of office in breach of this subsection shall be deemed to be invalid.
(6)  If a management corporation carries on business without any chairperson, secretary and treasurer for more than 6 months, every person who, for the whole or any part of that period that the management corporation is so carrying on business after those 6 months —
(a)
is a subsidiary proprietor constituting the management corporation; and
(b)
knows that the management corporation is carrying on business in that manner,
shall be jointly and severally liable for the payment of all the debts of the management corporation contracted during the period after those 6 months or, as the case may be, that part of it, and may be sued therefore.
(7)  Notwithstanding any other provision of this Act, no individual shall be elected or appointed under this section to hold office as the treasurer of any management corporation or the treasurer of a council for more than 2 consecutive terms.
[LT(S)A, s. 62, 1st Sch. Para 1]
Duties of secretary of council
56.  The duties of the secretary of the council of a management corporation shall include the following:
(a)
to prepare and distribute minutes of meetings of the management corporation and submit a motion for confirmation of the minutes of any meeting of the management corporation at the next such meeting;
(b)
to give on behalf of the management corporation and of the council the notices required to be given under this Act;
(c)
to maintain the strata roll;
(d)
to enable the inspection of documents on behalf of the management corporation in accordance with section 47;
(e)
to answer communications addressed to the management corporation;
(f)
to convene meetings of the council and (apart from its first annual general meeting) of the management corporation; and
(g)
to attend to matters of an administrative or secretarial nature in connection with the exercise, by the management corporation or the council, of its functions.
[LT(S)A, 1st Sch. Para 4]
Duties of treasurer of council
57.
—(1)  The duties of the treasurer of the council of a management corporation shall include the following:
(a)
to notify subsidiary proprietors of any contribution levied in accordance with this Act;
(b)
to receive, acknowledge, bank and account for any money paid to the management corporation;
(c)
to prepare any certificate applied for under section 47(1)(c); and
(d)
to keep the accounting records and prepare the financial statements of the management corporation.
(2)  A person shall not exercise or perform any of the powers, duties or functions of the management corporation or the treasurer of the management corporation, being powers, duties or functions relating to the receipt or expenditure of, or accounting for, moneys, or the keeping of the books of account, of the management corporation, unless he is —
(a)
a subsidiary proprietor of the management corporation or a member of the council and is the treasurer of the management corporation or of the council;
(b)
a managing agent who is empowered to exercise or perform those powers, duties or functions; or
(c)
a person with whom the treasurer of the management corporation is required by an order of the council to exercise or perform jointly those powers, duties or functions, and who is enabling the treasurer to comply with the order.
(3)  The treasurer of a management corporation may delegate the exercise or performance of any of his powers (other than this power of delegation), duties or functions as treasurer, the delegation of which is specifically approved by the council of the management corporation, to another member of the council so approved, subject to such limitations as to time or otherwise as are so approved.
(4)  While a delegate is acting in accordance with the terms of a delegation under subsection (3), he shall be deemed to be the treasurer of the management corporation.
(5)  The council of a management corporation may, by notice in writing served on the treasurer of the management corporation, order that he shall not exercise or perform any of his powers, duties or functions that are specified in the notice, unless he does so jointly with another person so specified.
[LT(S)A, s. 62, 1st Sch. Para 5]
Council’s decisions to be decisions of management corporation
58.
—(1)  Subject to the provisions of this Act, the decision of a council on any matter, other than a restricted matter, shall be the decision of the management corporation.
(2)  Notwithstanding that a council holds office, the management corporation may in a general meeting continue to exercise or perform all or any of the powers, duties and functions conferred or imposed on the management corporation by this Act or the by-laws.
(3)  A council shall not make a decision on any matter if, before the decision is made, notice in writing has been given to the secretary of the council by subsidiary proprietors who altogether own not less than one-third of the lots in the subdivided building concerned that the making of the decision is opposed by those subsidiary proprietors, and any decision, if made by the council, shall have no force or effect.
(4)  In subsection (1), “restricted matter”, in relation to a council of a management corporation, means —
(a)
any matter a decision on which may, in accordance with any provision of this Act or the by-laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution, resolution by consensus or in a general meeting of the management corporation, or only by the council at a meeting; and
(b)
any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.
[LT(S)A, s. 63]
Restrictions imposed on council by management corporation
59.  A management corporation may in a general meeting decide what matters or class of matters, if any, shall be determined only by the management corporation in a general meeting.
[LT(S)A, s. 64]
Disclosure of interests in contracts, property, offices, etc.
60.
—(1)  Subject to subsections (2) and (3), if a member of a council has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter which is before any meeting of the council or management corporation, he shall at that meeting —
(a)
declare the nature of his interest;
(b)
not take part in the consideration or discussion of, or vote on any question with respect to, that contract or proposed contract or other matter; and
(c)
if the chairman or the person presiding at that meeting so directs, withdraw from the meeting during the consideration or discussion unless asked by the council to be present to provide information.
(2)  The requirements of subsection (1) shall not apply in any case where the interest of the member of a council consists only of being a member or creditor of a company which is interested in a contract or proposed contract with the management corporation if the interest of the member may properly be regarded as not being a material interest.
(3)  For the purposes of subsection (1), a general notice given to the members of a council by a member to the effect that he is an officer or a member of a specified company or a member of a specified firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with that company or firm shall be deemed to be a sufficient declaration of interest in relation to any contract so made if it specifies the nature and extent of his interest in that company or firm and his interest is not different in nature or greater in extent than the nature and extent so specified in the general notice at the time any contract is so made.
(4)  No such notice shall be of effect unless —
(a)
it is given at a meeting of the council; or
(b)
the member takes reasonable steps to ensure that it is brought up and read at the next meeting of the council after it is given.
(5)  Every member of a council who holds any office or possesses any property whereby, directly or indirectly, duties or interests might be created in conflict with his duties or interests as a member of the council shall declare at a meeting of the council the fact and the nature, character and extent of the conflict.
(6)  The declaration shall be made at the first meeting of the council held —
(a)
after he becomes a member of the council; or
(b)
if already a member of the council, after he commences to hold the office or to possess the property,
as the case requires.
(7)  The secretary of the council shall record every declaration under this section in the minutes of the meeting at which it was made.
(8)  For the purposes of this section, an interest of an immediate family member of a member of the council shall be treated as an interest of the member.
(9)  Except as provided in subsection (3), this section shall be in addition to and not in derogation of the operation of any rule of law restricting a member of a council from having any interest in contracts with the management corporation or from holding offices or possessing properties involving duties or interests in conflict with his duties or interests as a member of a council.
(10)  Any member of a council who fails to comply with any provision of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
[LT(S)A, s. 66]
Duty and liability of council members and officers
61.
—(1)  A member of a council shall at all times act honestly and use reasonable diligence in the discharge of the duties of his office.
(2)  A member of a council, or an officer or an agent or a managing agent of a management corporation, shall not use his position as a member of the council or as an officer, an agent or a managing agent of the management corporation to gain, directly or indirectly, an advantage for himself or for any other person or to cause detriment to the management corporation.
(3)  Any person who commits a breach of any provision of this section shall —
(a)
be liable to the management corporation for any profit made by him or for any damage suffered by the management corporation as a result of the breach of any such provision; and
(b)
be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
(4)  This section shall be in addition to and not in derogation of any other written law or rule of law relating to the duty or liability of members of a council.
(5)  In this section —
“agent” includes a banker, a solicitor or an auditor of a management corporation and any person who at any time has been a banker, a solicitor or an auditor of the management corporation;
“officer” includes a person who at any time has been an officer of a management corporation.
[LT(S)A, s. 67]