Singapore Government
Link to AGC Website
Home | Search | Browse | Results | My Preferences
 
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

 
Slider
Left Corner
Print   Link to In-Force Version
On 24/10/2014, you requested the version as published on or before 24/10/2014.
Slider
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]