General Meetings of A Body Corporate
1.—(1) An annual general meeting of a body corporate shall be held in each year on a date not more than 15 months after the holding of the last preceding annual general meeting.
(2) A general meeting of a body corporate (referred to in this paragraph as an extraordinary general meeting), which is not an annual general meeting, shall be held whenever it is convened by the committee.
(3) Without limiting the power of a committee under sub-paragraph (2), a committee shall, as soon as practicable after the receipt by the secretary of the committee of a requisition for an extraordinary general meeting signed by not less than 30 owners of flats in the estate concerned, convene an extraordinary general meeting of the body corporate.
(4) Notice of a general meeting of a body corporate shall be served on each flat and the first mortgagee of a flat, as ascertained from the register of flat-owners, at least 7 days before the meeting.
(5) Every such notice for an annual general meeting shall —
be accompanied by a copy of the statement of accounts of the body corporate last prepared by the body corporate in accordance with section 13(1)(i); and
include a motion for the adoption of those accounts.
(6) Every such notice for an annual general meeting or an extraordinary general meeting shall —
specify the place, day and hour for the meeting;
include each proposed resolution to be considered at the meeting;
specify any other business to be transacted at the meeting; and
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 committee —
in the case of an owner of a flat subject to a first mortgage shown on the register, only if the mortgagee fails or neglects to exercise the voting power conferred upon him by this Schedule; and
either in person or by proxy at the meeting.
(7) No motion shall be submitted at a general meeting unless notice of the resolution has been given in accordance with this paragraph.
2.—(1) A person shall be entitled to vote in respect of any flat on any proposal submitted at a general meeting of a body corporate or on any election of members of the committee only if he is the owner of that flat as shown on the register.
(2) Notwithstanding any other provision of this paragraph, a first mortgagee, as shown on the register, of a flat shall be entitled to vote in respect of that flat on any proposal submitted at a general meeting of a body corporate or on any election of members of the committee and, if he votes on that proposal, any vote cast by the owner of that flat on the proposal shall not be counted.
(3) The vote of co-owners or co-mortgagees may be cast by any of them in person or by a proxy and if both co-owners or co-mortgagees are present at a meeting of the body corporate the vote of the senior who casts a vote, whether in person or by 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 register.
(4) Only the owner entitled to the first of two or more successive estates in a flat shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a body corporate or on any election of members of the committee.
(5) An owner who is the trustee of a flat shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a body corporate or on any election of members of the committee and the persons beneficially interested in the trust shall not be entitled to cast such a vote.
(6) A person who, but for this sub-paragraph, would be entitled to vote on any motion submitted at a general meeting of a body corporate or on any election of members of the committee shall not be entitled so to vote unless all contributions levied and payable in respect of the flat in respect of which he is entitled to vote, and any other moneys recoverable under this Act by the body corporate from him, at the date of the notice given under paragraph 1(4) have been duly paid before the commencement of the meeting.
3.—(1) No business shall be transacted at any general meeting of a body corporate unless a quorum of members is present.
(2) For the purposes of this paragraph, the number of owners present at the meeting either in person or by proxy who own not less than 10% of all the flats in the estate shall form a quorum. If within half an hour of the time appointed for holding a general meeting no quorum of owners is present, the general meeting may be held as if a quorum is present if there are two or more flat-owners present in person.
4. At a general meeting of a body corporate, the chairman 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 the by-laws or would otherwise be unlawful or unenforceable.
5. Except as provided in paragraph 2(3), a vote on a motion submitted at a general meeting of a body corporate or on any election of members of the committee may be cast by the person entitled to vote, either personally or by his duly appointed proxy.
6. The chairman of the body corporate shall preside at any general meeting of the body corporate 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 chairman of the body corporate.
7. The chairman at any general meeting of the body corporate shall, before submitting a motion to the meeting or the holding of the election of members of the committee, announce the names of the persons who are entitled to vote on that motion or at that election.
8. Each person entitled to vote on an election of members of the committee shall have one vote in respect of each flat in respect of which he is entitled to vote.
9. Subject to this paragraph, a motion submitted at a general meeting of a body corporate shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having one vote in respect of each flat in respect of which he is entitled to vote.
10. The declaration of the chairman of the result of the voting on any proposal submitted at a general meeting of the body corporate, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the proposal.
11. A general meeting of a body corporate shall, subject to paragraph 3, be validly held notwithstanding that the only person present at the meeting is the chairman of the body corporate.
12.—(1) Any person entitled to vote at a general meeting of a body corporate may by notice in writing served on the secretary of the committee require inclusion in the agenda of the next general meeting of the body corporate (other than a meeting in respect of which notices have already been given under paragraph 1(4)) of a motion set out in the first-mentioned notice and the secretary shall comply with the notice.
(2) For the purposes of sub-paragraph (1), an owner who, but for the existence of a mortgage over his flat, would be entitled to vote at a general meeting of the body corporate shall be deemed to be entitled to vote at that meeting.
13. A special resolution of a body corporate shall not be amended or revoked except by a subsequent special resolution, as the case may be.
14. A company which is the owner of a flat may by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative either at a particular meeting or at all meetings of the body corporate 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.
15. An instrument appointing a proxy shall be in writing under the hand of the appointer or of his attorney duly authorised in writing or, if the appointer is a company, either under seal or under the hand of an officer or attorney duly authorised. A proxy need not be an owner of a flat. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.
16. Where it is desired to afford owners 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 body corporate, hereby appoint , of , or failing him, of , as my/our proxy to vote for me/us on my/our behalf at the [annual or extraordinary, as the case may be] general meeting of the body corporate, to be held on the day of 19 , and at any adjournment thereof.
*Signed this day of 19 . This form is to be used *in favour of/against the resolution.
* Strike out whichever is not applicable. [Unless otherwise instructed, the proxy may vote as he thinks fit.]
17. 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 body corporate, or at such other place in Singapore as is specified for that purpose in the notice convening the meeting, 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, 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.
18. A vote given in accordance with the terms of an instrument of proxy or attorney shall be valid notwithstanding the previous death or mental disorder 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 as aforesaid has been received by the body corporate at the registered office before the commencement of the meeting or adjourned meeting at which the instrument is used.