FIRST SCHEDULE |
Sections 27(3), 29(1)(h), 80(2) and 135(1) |
General meetings of management corporations and subsidiary management corporations |
Definitions |
Notice of general meetings |
1A.—(1) Except as otherwise expressly provided in this Act, notice of a general meeting of a management corporation or subsidiary management corporation must be served on each subsidiary proprietor who is a member thereof and on the first mortgagee of a lot, as ascertained from the strata roll, at least 14 days before the meeting.
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Nomination of candidates for election |
1B.—(1) Without affecting paragraph 1A(2) and (3), every notice for an annual general meeting of a management corporation or subsidiary management corporation must include a call for nominations for members of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be. [S 406/2023 wef 01/07/2023]
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Method of holding meetings |
1C.—(1) Except as provided in sub-paragraph (2), a general meeting of a management corporation or subsidiary management corporation may be held —
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Persons entitled to vote at general meetings |
2.—(1) A person is entitled to vote in respect of any lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the council, or at a general meeting of a subsidiary management corporation or on any election of its executive committee, only if —
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Quorum |
3.—(1) No business may be transacted at any general meeting of a management corporation or subsidiary management corporation unless a quorum of subsidiary proprietors is present.
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Adjournment of general meetings |
3A.—(1) A general meeting of a management corporation or subsidiary management corporation may be adjourned for any reason if a motion to adjourn the meeting is passed at the meeting.
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Motions out of order |
4. At a general meeting of a management corporation or subsidiary management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by‑laws or would otherwise be unlawful or unenforceable. |
Manner of voting |
5.—(1) Subject to paragraph 5A, a vote at a general meeting of a management corporation or subsidiary management corporation by a person entitled to vote or by a proxy must be cast in person. [S 406/2023 wef 01/07/2023]
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Voting by electronic means |
5A. Where a general meeting of a management corporation or subsidiary management corporation is held, wholly or partly, using virtual meeting technology, a vote by a person entitled to vote or by a proxy may be cast by electronic means but only if all the following are satisfied:
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Chairperson to preside |
6. The chairperson of the management corporation or subsidiary management corporation presides at any general meeting of the management corporation or subsidiary management corporation (as the case may be) at which he or she is present and, in the chairperson’s 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 is, while he or she is so presiding, deemed to be the chairperson of the management corporation or subsidiary management corporation, as the case may be. |
List of persons entitled to vote |
7.—(1) At least 48 hours before the start of a general meeting of a management corporation or subsidiary management corporation, the secretary of the management corporation or subsidiary management corporation (as the case may be) must display or cause to be displayed, in accordance with sub‑paragraph (2), a list containing —
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Election of council or executive committee |
8.—(1) At a general meeting of a management corporation or subsidiary management corporation at which the council or executive committee (as the case may be) is to be elected, the chairperson of the general meeting must —
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Counting of votes on motion |
9.—(1) Subject to this paragraph, a motion submitted at a general meeting of a management corporation or subsidiary management corporation (as the case may be) is to be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having one vote in respect of each lot in respect of which that person is entitled to vote unless a poll is demanded by any person entitled to vote at the general meeting before a vote is taken as aforesaid.
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Chairperson’s declaration of vote |
10. The declaration of the chairperson of the result of the voting on any proposal submitted at a general meeting of the management corporation or subsidiary management corporation (as the case may be), otherwise than on a poll, is conclusive without proof of the votes recorded for or against the proposal. |
Minutes of general meetings |
10A.—(1) The minutes of every general meeting must contain the following information:
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General meetings valid if attended only by chairperson |
11. A general meeting of a management corporation or subsidiary management corporation (as the case may be) is, subject to paragraph 3, validly held even though the only person present at the meeting is the chairperson of the management corporation or subsidiary management corporation, as the case may be. |
Requisition for motions to be included on agenda for general meeting |
12.—(1) Any subsidiary proprietor may, by written notice served on the secretary of the council of the management corporation or subsidiary management corporation (as the case may be), require inclusion in the agenda of the next general meeting of the management corporation or subsidiary management corporation (as the case may be) of a motion set out in the firstmentioned notice and the secretary must comply with the notice.
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Amendment or revocation of unanimous or special resolutions |
13. A unanimous resolution, resolution by consensus, comprehensive resolution, 90% resolution or special resolution of a management corporation must not be amended or revoked except by a subsequent unanimous resolution, resolution by consensus, comprehensive resolution, 90% resolution or special resolution, as the case may be. |
Convening of extraordinary general meeting on requisition |
14.—(1) The council of a management corporation or the executive committee of a subsidiary management corporation must, on receipt by the secretary thereof of a requisition for an extraordinary general meeting signed by —
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Meetings of management corporation, etc., before first annual general meeting |
15.—(1) Until the first annual general meeting of the management corporation or subsidiary management corporation is held, the secretary of the management corporation or subsidiary management corporation (as the case may be) or, in a situation where there is no council or executive committee appointed as yet, the owner developer or the owner developer’s agent duly authorised in writing —
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Company may appoint representative to attend meetings |
16. A company which is a subsidiary proprietor may under the seal of the company or the hand of its director or any duly authorised attorney appoint any person it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation or subsidiary management corporation, and a person so authorised is, in accordance with the person’s authority or until the person’s authority is revoked by the company, entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual. |
Instrument of proxy |
17.—(1) An instrument appointing a proxy must be in writing —
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Submission of instrument of proxy |
18.—(1) The instrument appointing a proxy and the power of attorney or other authority (if any) under which the instrument is signed, or a notarially certified copy of that power or authority, must, within the time specified in sub-paragraph (2) —
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Powers of proxies |
19.—(1) A proxy need not be a subsidiary proprietor.
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Authority not to be revoked by death of principal, etc. |
20. A vote given in accordance with the terms of an instrument of proxy or attorney is valid despite 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, mental disorder, revocation or transfer as aforesaid has been received by the management corporation or subsidiary management corporation (as the case may be) at the registered office before the commencement of the meeting or adjourned meeting at which the instrument is used. [21/2008; 35/2017] |