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Contents

Long Title

Part I PRELIMINARY

Part II SUBDIVISION AND SUBSIDIARY STRATA LAND-REGISTER

Part III RIGHTS AND OBLIGATIONS OF SUBSIDIARY PROPRIETOR

Part IV (Repealed)

Part V VARIATION OR TERMINATION OF STRATA SUBDIVISION SCHEME

Part VA COLLECTIVE SALE OF PROPERTY

Part VI (Repealed)

Part VII GENERAL

Part VIII ISSUE OF SUBSIDIARY CERTIFICATES OF TITLE FOR FLATS UNDER OTHER SCHEMES AND ISSUE OF SUBSIDIARY STRATA CERTIFICATES OF TITLE

Part IX MISCELLANEOUS

FIRST SCHEDULE Requirements under Section 84A, 84D, 84E or 84FA

SECOND SCHEDULE General Meetings for Purposes of Collective Sale

THIRD SCHEDULE Composition, Constitution and Proceedings of Collective Sale Committee

FOURTH SCHEDULE Deductions Allowable by Board

Legislative History

Comparative Table

 
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THIRD SCHEDULE
Sections 84A(1A)(b), (3), (7C) and (14), 84D(9) and (9A), 84E(15) and (15A) and 84FA(16)
Composition, Constitution and Proceedings of Collective Sale Committee
Members 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.
Disclosure of interests
2.  A person standing for election as a member of a collective sale committee who has any direct or indirect interest in any property developer, property consultant, marketing agent or legal firm, being an interest that could conflict with the proper performance of his functions as a member of a collective sale committee (should he be elected) shall, as soon as practicable after the relevant facts have come to his knowledge, disclose the nature of that interest at a general meeting.
Appointment of chairperson
3.  The chairperson of the collective sale committee shall be appointed from among its members.
Tenure of office of member
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.
Vacation of office of member of collective sale committee
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;
(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.
Chairperson to preside at meetings
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.
General meetings convened by collective sale committee
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 consider the appointment of any advocate and solicitor, property consultant or marketing agent;
(b)
to consider the apportionment of sale proceeds;
(c)
to consider the terms and conditions of the collective sale agreement;
(d)
to give an update on the total number of subsidiary proprietors who, immediately before the date of the general meeting, have signed the collective sale agreement;
(e)
to provide information of the sale proposal and sale process;
(f)
to provide information on the number of offers received for the collective sale and the respective amounts; and
(g)
to consider the terms and conditions of the sale and purchase agreement.
(2)  The meeting under sub-paragraph (1)(a), (b) and (c) shall be convened before any subsidiary proprietor signs the collective sale agreement.
(3)  The meeting under sub-paragraph (1)(d) and (e) shall be convened after the subsidiary proprietors referred to in section 84A(1) or 84FA(2) have signed the collective sale agreement but before the launch for sale under paragraph 11.
(4)  The meeting under sub-paragraph (1)(f) and (g) shall be convened as soon as practicable after the close of the public tender or public auction or, where applicable, after the collective sale committee has entered into a private contract under paragraph 11.
Meetings of collective sale committee
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.
(2)  A decision of the majority of the 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.
(3)  A collective sale committee shall cause a record of its decisions and minutes of its meetings to be kept.
Keeping of records
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.
Acts of collective sale committee valid notwithstanding vacancy, etc.
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.
Collective sale by public tender or auction
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.
Termination of collective sale committee
12.  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]