Land Titles (Strata) Act 1967 - Singapore Statutes Online

FIRST SCHEDULE

Sections 84A(3), (4), (7C), (13) and (14), 84D(3), 84E(4) and (5) and 84FA(3) and (4)

Requirements under section 84A, 84D, 84E or 84FA

1. Before making an application to a Board, the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors of flats mentioned in section 84D(2) or 84E(3) (as the case may be) must —

(a)

execute within the permitted time but in no case more than 12 months before the date the application is made, a collective sale agreement in writing among themselves (whether or not with other subsidiary proprietors or proprietors) agreeing to agree to collectively sell —

(i)	in the case of an application under section 84A or 84FA — all the lots and common property in a strata title plan; or
(ii)	in the case of an application under section 84D or 84E — all the flats and the land in a development to which section 84D or 84E (as the case may be) applies;

(b)

affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies (as the case may be) a notice in the 4 official languages specifying —

(i)

the number of lots and number of subsidiary proprietors or the number of flats and number of proprietors (as the case may be) who, immediately before the date of the notice, have signed the collective sale agreement; and

(ii)

the proportion (in percentage) that the total share value and the total area of the lots as shown in the subsidiary strata certificates of title of such subsidiary proprietors’ lots bear to the total share value and total area of all lots comprised in that strata title plan, or the total share or total notional share of the land and total area of the flats of such proprietors bear to the total share or notional share of all proprietors and total area of all the flats in that land and the development concerned, as the case may be,

within 4 weeks after the start of the permitted time and thereafter at intervals of not more than 4 weeks from the date of the last notice under this sub-paragraph;

(c)

ensure that the notice in sub-paragraph (b) does not include any subsidiary proprietor who has served or is entitled to serve a notice of rescission under paragraph 6 and that the notice in that sub-paragraph is certified by the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, to be accurate;

(d)

advertise in the 4 official languages the particulars of the proposed application in such local newspapers as approved by the Board;

(e)

serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned and (if applicable) on the subsidiary proprietors in reversion of the leasehold estate in the lots, or on all the proprietors of all flats in the development concerned (as the case may be) by letter by registered post notifying every one of them of the proposed application accompanied by a copy each of the following documents, and stating that copies of the documents may also be obtained from the marketing agent or the collective sale committee:

(i)	the collective sale agreement mentioned in sub-paragraph (a);
(ii)	the sale and purchase agreement which is to be the subject of the application to the Board;
(iii)	a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of the purchaser’s relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be;
(iv)	the advertisement mentioned in sub-paragraph (d);
(v)	a valuation report from an independent valuer on the value of the development as at the date of the close of the public tender or auction; and
(vi)	a report by an independent valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement;

(f)

give further notice of the proposed application by post addressed to each lot in the strata title plan concerned or each flat in the development concerned (as the case may be) or by placing a copy of the notice in the respective mail boxes for each such lot or flat; and

(g)

[Deleted by Act 13 of 2010]

(h)

affix a copy of the notice mentioned in sub-paragraph (e), without the enclosed documents, in the 4 official languages to a conspicuous part of each building comprised in the strata title plan or the development, as the case may be.

2.—(1) For the purposes of this Schedule —

(a)

the permitted time in relation to a collective sale agreement executed or to be executed by subsidiary proprietors or proprietors mentioned in section 84A(1), 84D(2), 84E(3) or 84FA(2), means a period —

(i)	starting from the date the first subsidiary proprietor or proprietor, or that subsidiary proprietor’s or proprietor’s duly appointed attorney, as the case may be, signs the collective sale agreement; and
(ii)	ending not more than 12 months after the date the first subsidiary proprietor or proprietor, or that subsidiary proprietor’s or proprietor’s duly appointed attorney, as the case may be, signs the collective sale agreement; and

(b)

the collective sale agreement is regarded as executed notwithstanding that it is executed on separate copies thereof and at different times.

(2) To avoid doubt, it is declared that any reference in sub-paragraph (1)(a) to the first subsidiary proprietor or proprietor who signs the collective sale agreement does not include a reference to a subsidiary proprietor who rescinds the subsidiary proprietor’s agreement to be party thereto in accordance with paragraphs 6 and 7.

3. The collective sale committee must provide a preface to the collective sale agreement stating the clause numbers and page numbers in which the following information are found:

(a)	the reserve price for the development;
(b)	the apportionment method for the proceeds of sale;
(c)	the fees payable to the advocate and solicitor, marketing agent and other person involved in handling the collective sale;
(d)	the amount of the compensation fund, if any;
(e)	the person entitled to any interest derived from moneys held by any stakeholder; and
(f)	the date of delivery of vacant possession of the lot or flat.

4. The collective sale agreement must be signed by the subsidiary proprietor, and, if signed in Singapore, in the presence of an advocate and solicitor who has a valid practising certificate appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable.

5. The collective sale agreement must be accompanied by a notice, in the prescribed form, that may be used by the subsidiary proprietor to rescind the subsidiary proprietor’s agreement to be a party to the collective sale agreement.

6.—(1) A subsidiary proprietor may rescind the subsidiary proprietor’s agreement to be a party to the collective sale agreement by serving a notice of rescission referred to in paragraph 5 within the cooling-off period which is a period of 5 days (excluding any day which is a Saturday, Sunday or public holiday) after the day on which the collective sale agreement was signed by the subsidiary proprietor.

(2) To avoid doubt, it is declared that —

(a)	a subsidiary proprietor or proprietor who signs a collective sale agreement remains entitled to rescind the subsidiary proprietor’s or proprietor’s agreement to be a party thereto in accordance with sub-paragraph (1) even after the permitted time (as defined by paragraph 2) for the collective sale agreement has expired; and
(b)	any such subsidiary proprietor or proprietor who so rescinds the subsidiary proprietor’s or proprietor’s agreement to be a party to a collective sale agreement after the permitted time for the collective sale agreement has expired is, for the purposes of paragraph 1, not to be regarded as having executed the collective sale agreement within the permitted time.

7. The notice of rescission must be signed by the subsidiary proprietor and must be served personally on the advocate and solicitor appointed by the collective sale committee or in accordance with paragraph 7(1)(a) in the Third Schedule, whichever is applicable, before 5 p.m. on the last day of the cooling-off period.

8. A subsidiary proprietor is not entitled to serve a notice of rescission more than once for the same collective sale agreement.

9. The advertisement referred to in paragraph 1(d) must include —

(a)	information on the development;
(b)	brief details of the sale proposal; and
(c)	the place at which the affected parties can inspect documents for the collective sale.

10. The notice mentioned in paragraph 1(e) to be served by registered post must be served on the affected parties —

(a)	where the party is a subsidiary proprietor of a lot in the strata title plan — at the address as shown on the strata roll;
(b)	where the party is a proprietor of a flat or land — at the last recorded address at the Land Titles Registry or Registry of Deeds;
(c)	where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land‑register or a subsidiary proprietor in reversion of the leasehold estate in a lot, that subsidiary proprietor’s mortgagee, chargee or other person with an estate or interest in the lot and whose interest is notified on the subsidiary strata land‑register — at the address on the strata roll or last recorded address at the Land Titles Registry or Registry of Deeds (as the case may be) provided that where such mortgagee, chargee, subsidiary proprietor in reversion or other person has an estate or interest in more than one lot or flat whose interest is notified on the land-register or subsidiary strata land-register, a single notice referring to the affected lots or flats and their respective subsidiary proprietors or proprietors suffices; and
(d)	where the party is a management corporation — at its address recorded on the folio of the land-register comprising the common property.

11. An application to a Board must be made by the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3) within 14 days of the publication of the advertisement referred to in paragraph 1(d), enclosing —

(a)

the documents specified in paragraph 1(e);

(b)

a statutory declaration made by the representatives appointed under section 84A(2) or their solicitors stating —

(i)	the date the permitted time for the collective sale agreement started;
(ii)	the date on which the collective sale agreement mentioned in paragraph 1(a) was last executed by any subsidiary proprietor or proprietor mentioned in section 84A(1), 84D(2), 84E(3) or 84FA(2), as the case may be;
(iii)	the date or dates on which the notice or notices mentioned in paragraph 1(b) were affixed; and
(iv)	that sub-paragraphs (c), (d), (e) and (h) of paragraph 1 have been complied with;

(c)

a list of the names of the subsidiary proprietors or proprietors who have not agreed in writing to the sale, their mortgagees, chargees, the subsidiary proprietors in reversion of the leasehold estate in the lots and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register or subsidiary strata land-register; and

(d)

such other document as the Board may require.

12. The Board must, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A(2) and their solicitors, if any.

13. The subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3) must, after making an application to the Board, cause a notification of the application being made to be registered under this Act, the Land Titles Act 1993 or the Registration of Deeds Act 1988, as the case may be.

14. The subsidiary proprietors or proprietors mentioned in paragraph 13 must —

(a)	if an order for sale is granted by the General Division of the High Court or a Board (as the case may be) under section 84A, 84D, 84E or 84FA — register the order of the General Division of the High Court or Board in accordance with this Act, the Land Titles Act 1993 or the Registration of Deeds Act 1988, as the case may be;
(b)	if the order for sale is not granted by a Board and no application is made to the General Division of the High Court within the time delimited by section 84A(2B), 84D(2B), 84E(3B) or 84FA(2B) — apply to cancel the notification registered under paragraph 13; or
(c)	if the order for sale is not granted by the General Division of the High Court — apply to cancel the notification registered under paragraph 13.

15. In this Schedule, “affected parties” means —

(a)	the subsidiary proprietors mentioned in section 84A(1) or 84FA(2) or the proprietors mentioned in section 84D(2) or 84E(3);
(b)	the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land‑register;
(c)	the proprietor of the land under section 84E, that proprietor’s mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land‑register;
(d)	the subsidiary proprietor in reversion of the leasehold estate in the lots under section 84FA, that subsidiary proprietor’s mortgagee, chargee or other person with an estate or interest in the lots and whose interest is notified on the subsidiary strata land‑register; and
(e)	the management corporation, where applicable. [13/2010; 40/2019; S 365/2010; S 111/2011]

SECOND SCHEDULE

Sections 84A(1A)(a), (3), (7C) and (14), 84D(9) and (9A), 84E(15) and (15A) and 84FA(16) and paragraphs 1(1), 7(1), 9(1)(b) and (1A) and 12(1)(a) of Third Schedule

General meetings for purposes of collective sale

Definitions

1.—(1) In this Schedule —

“electronic means” means electronic communication, video conferencing, tele-conferencing or other electronic means;

“virtual meeting technology” means any technology that allows a person to participate in a meeting without being physically present at the place of meeting.

(2) In this Schedule, where a general meeting convened by a management corporation for the purposes of a collective sale is held (whether wholly or partly) using virtual meeting technology, a person who attends the meeting using virtual meeting technology is to be treated as being present if the person —

(a)

is able to participate in the proceedings of the meeting using the virtual meeting technology provided to the person;

(b)

is verified as attending the meeting in the manner specified in sub-paragraph (a) by —

(i)	in the case of a general meeting of a management corporation — the secretary of the council of the management corporation or a person appointed by the council to verify the quorum; or
(ii)	in the case of a general meeting of the proprietors of flats in a development to which section 84D or 84E applies — a person appointed by the proprietors of the flats to verify the quorum; and

(c)

is acknowledged by electronic means by the chairperson of the meeting as attending the meeting.

[S 444/2023 wef 01/07/2023]

Application of Schedule

1A. This Schedule applies only to any general meeting convened by a management corporation for the purposes of a collective sale.

[S 444/2023 wef 01/07/2023]

Convening of general meeting on requisition

2.—(1) Subject to sub-paragraph (1A), the council of a management corporation must, on receipt by the secretary thereof of a requisition for a general meeting signed by —

(a)	one or more persons entitled to vote in respect of one or more lots, the share value or the total share value of which is at least 20% of the aggregate share value of all the lots whose subsidiary proprietors comprise the management corporation; or
(b)	not less than 25% of the total number of subsidiary proprietors of the lots whose subsidiary proprietors comprise the management corporation,

immediately proceed to convene a general meeting of the management corporation to be held as soon as practicable but in any case not later than 6 weeks after the receipt by the secretary of the requisition.

(1A) If a relevant event happens, the council of the management corporation must not, on receipt by the secretary thereof of another requisition for a general meeting, proceed to convene another general meeting of the management corporation for the purposes of constituting a collective sale committee unless —

(a)

2 or more years have elapsed since the happening of the relevant event; or

(b)

the requisition is signed —

(i)

in the case of the first requisition after the happening of the relevant event — by at least 50% of the total number of subsidiary proprietors of lots that comprise the management corporation or by one or more persons entitled to vote in respect of one or more lots, the share value or the total share value of which is at least 50% of the aggregate value of all the lots whose subsidiary proprietors comprise the management corporation; and

(ii)

in the case of the second or subsequent requisition after the happening of the relevant event — by at least 80% of the total number of subsidiary proprietors of lots that comprise the management corporation or by one or more persons entitled to vote in respect of one or more lots, the share value or the total share value of which is at least 80% of the aggregate value of all the lots whose subsidiary proprietors comprise the management corporation.

(2) Subject to sub-paragraph (2A), in the case of land in a development to which section 84D applies, any general meeting must be convened by —

(a)	the proprietors of the flats who own not less than 20% share of the land; or
(b)	not less than 25% of the total number of proprietors of the flats.

(2A) If a relevant event happens, the proprietors of flats in a development to which section 84D applies must not proceed to convene another general meeting for the purposes of constituting a collective sale committee unless —

(a)

2 or more years have elapsed since the happening of the relevant event; or

(b)

the requisition for the meeting is made —

(i)	in the case of the first requisition after the happening of the relevant event — by proprietors of flats in the development who own not less than 50% share of the land or by not less than 50% of the total number of proprietors of such flats; and
(ii)	in the case of the second or subsequent requisition after the happening of the relevant event — by proprietors of flats in the development who own not less than 80% share of the land or by not less than 80% of the total number of proprietors of such flats.

(3) Subject to sub-paragraph (3A), in the case of land in a development to which section 84E applies, any general meeting must be convened by —

(a)	the proprietors of the flats who own not less than 20% notional share of the land; or
(b)	not less than 25% of the total number of proprietors of the flats.

(3A) If a relevant event happens, the proprietors of flats in a development to which section 84E applies must not proceed to convene another general meeting for the purposes of constituting a collective sale committee unless —

(a)

2 or more years have elapsed since the happening of the relevant event; or

(b)

the requisition for the meeting is made —

(i)	in the case of the first requisition after the happening of the relevant event — by proprietors of flats in that development who own not less than 50% notional share of the land or by not less than 50% of the total number of proprietors of such flats; and
(ii)	in the case of the second or subsequent requisition after the happening of the relevant event — by proprietors of flats in that development who own not less than 80% notional share of the land or by not less than 80% of the total number of proprietors of such flats.

(4) The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the registered address of the management corporation, and may consist of several documents in like form each signed by one or more requisitionists.

(5) If the council does not within 14 days after the date of the deposit of the requisition made by requisitionists referred to in sub-paragraph (1) or (1A)(b) (as the case may be) proceed to convene a meeting, the requisitionists, or any one of them representing more than 50% of the total voting rights of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene a meeting, but any meeting so convened must not be held after the expiration of 3 months from that date.

(6) Any reasonable expenses incurred by the requisitionists by reason of the failure of the council to convene a meeting must be paid to the requisitionists by the management corporation.

(7) In the case of land in a development to which section 84D or 84E applies, the general meeting may be convened by the proprietors mentioned in sub-paragraph (2), (2A), (3) or (3A) (as the case may be) in the same manner as nearly as possible as that in which meetings are to be convened.

(8) For the purposes of sub-paragraphs (1A), (2A) and (3A), a relevant event occurs when —

(a)

no quorum of proprietors is present at a general meeting to constitute a collective sale committee —

(i)	of a management corporation under sub-paragraph (1) convened on or after 15 July 2010;
(ii)	of proprietors of flats in a development to which section 84D applies under sub-paragraph (2) convened on or after 15 July 2010; or
(iii)	of proprietors of flats in a development to which section 84E applies under sub-paragraph (3) convened on or after 15 July 2010;

(b)

the motion for the constitution of a collective sale committee, notice of which was given in accordance with paragraph 3, is defeated at the general meeting mentioned in sub-paragraph (a)(i), (ii) or (iii);

(c)

the collective sale agreement executed among the subsidiary proprietors that comprise the management corporation, or the collective sale agreement executed among the proprietors of flats mentioned in section 84D(2) or 84E(3), as the case may be, expires at any time on or after 15 July 2010;

(d)

the collective sale committee constituted for the purposes of a collective sale of all lots and the common property in a strata title plan to which section 84A or 84FA applies, or a collective sale of all the flats and land in a development to which section 84D or 84E applies, as the case may be, is dissolved at any time on or after 15 July 2010 by virtue of the operation of paragraph 12(2) of the Third Schedule; or

(e)

every member of a collective sale committee constituted for the purposes of a collective sale mentioned in sub-paragraph (d) is removed from office on or after 15 July 2010 and no other collective sale committee is constituted in replacement for the purposes of the same collective sale.

Method of holding meetings

2A.—(1) Except as provided in sub-paragraph (2), a general meeting may be held —

(a)	at a physical place;
(b)	at a physical place and using virtual meeting technology; or
(c)	using virtual meeting technology only.

(2) Despite sub-paragraph (1) —

(a)

a general meeting must not be held using virtual meeting technology only, unless all of the members who wish to participate at the meeting have access to the virtual meeting technology needed to participate in the meeting; and

(b)

a general meeting must not be held using virtual meeting technology only, if the management corporation has resolved —

(i)	that the meeting must be held at a physical place or at a physical place and using virtual meeting technology; or
(ii)	that each general meeting must be held at a physical place or at a physical place and using virtual meeting technology.

(3) Despite sub-paragraph (1), a general meeting of which notice has been served before 1 July 2023 must not be held using virtual meeting technology only unless the management corporation has so resolved.

[S 444/2023 wef 01/07/2023]

Notice of general meetings

3.—(1) A notice of a general meeting of a 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.

(2) Every notice for a general meeting must —

(a)

specify all of the following:

(i)

whether the meeting will be held —

(A)	at a physical place;
(B)	at a physical place and using virtual meeting technology; or
(C)	using virtual meeting technology only;

(ii)

where the meeting will be held at a physical place or at a physical place and using virtual meeting technology — the location of the physical place;

(iii)

the day and hour of the meeting;

[S 444/2023 wef 01/07/2023]

(b)

include each proposed resolution to be considered at the meeting;

(c)

specify any other business to be transacted at the meeting; and

(d)

inform each person to whom the notice is addressed that the person may vote in respect of each proposed resolution and, where relevant, on election of members of the collective sale committee —

(i)	in the case of a subsidiary proprietor of a lot subject to a first mortgage shown on the strata roll, only if the mortgagee fails or neglects to exercise the voting power conferred upon the mortgagee by this Schedule; and
(ii)	either in person or by proxy at the meeting.

(2A) Where a general meeting is to be held (whether wholly or partly) using virtual meeting technology, every notice for the general meeting, in addition to complying with sub-paragraph (2) —

(a)	must describe the means by which the general meeting can be electronically accessed using the virtual meeting technology (including the online location, if the general meeting is to be held at an online location); and
(b)	must state how each person to whom the notice is addressed may vote by electronic means. [S 444/2023 wef 01/07/2023]

(3) A motion must not be submitted at a general meeting unless —

(a)	notice of the motion has been given in accordance with this paragraph; or
(b)	the motion is a motion to amend a motion of which notice has been so given.

(4) A motion for the constitution of a collective sale committee and its powers, duties or functions is to be decided by ordinary resolution passed at the general meeting.

(5) In the case of land in a development to which section 84D or 84E applies, a notice of a general meeting of the proprietors of the flats must be served on each proprietor by registered post at his last recorded address at the Land Titles Registry or the Registry of Deeds and placing a copy of the notice under the main door of every flat in the development.

Persons entitled to vote at general meetings

4.—(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 collective sale committee only if the person is the subsidiary proprietor or a mortgagee in possession or a receiver of that lot as shown on the strata roll.

(2) Despite any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot is entitled to vote in respect of that lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and, if that mortgagee votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal must not be counted.

(3) The vote of co-proprietors or co-mortgagees may be cast by any of them in person or by a proxy and if both joint subsidiary proprietors or co-mortgagees are present at a meeting of the management corporation, the vote of the senior who casts a vote, whether in person or by a proxy, must be accepted to the exclusion of the votes of the others; and for this purpose, seniority is determined by the order in which the names stand in the strata roll.

(4) In the case of land in a development to which section 84D or 84E applies, the seniority is determined by the order in which the names appear in the records at the Land Titles Registry or the Registry of Deeds.

(5) Only the subsidiary proprietor entitled to the first of 2 or more successive estates in a lot is, subject to this Schedule, entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee.

(6) A subsidiary proprietor who is the trustee of a lot is, subject to this Schedule, entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and the persons beneficially interested in the trust are not entitled to cast such a vote.

(7) The voting rights conferred by this paragraph are subject to section 65(9) and (10) of the Building Maintenance and Strata Management Act 2004.

Quorum

5.—(1) No business is to be transacted at any general meeting of a management corporation unless a quorum of subsidiary proprietors is present.

(2) A quorum is formed at any general meeting of a management corporation constituted in respect of a strata title plan when the number of subsidiary proprietors who own at least 30% of the aggregate share value for all lots comprised in that strata title plan are present at the meeting, either in person or by proxy.

(3) In the case of land in a development to which section 84D or 84E applies, the quorum is formed at any general meeting of the proprietors of the flats when the number of proprietors who own at least 30% of the share or notional share in land, as the case may be, are present at the meeting, either in person or by proxy.

(4) If at the end of 60 minutes after the time appointed for holding a general meeting of a management corporation mentioned in sub-paragraph (2) or the proprietors of flats mentioned in sub-paragraph (3), no quorum as specified in sub-paragraph (2) or (3) (as the case may be) is present, that general meeting immediately stands dissolved.

Motions out of order

6. At a general meeting of a management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if he or she considers that the motion, if carried, would conflict with this Act or would otherwise be unlawful or unenforceable.

Method of casting vote

7. Except as provided in paragraph 4(3), a vote on a motion submitted at a general meeting of a management corporation or on any election of members of the collective sale committee may be cast by the person entitled to vote, either personally or by the person’s duly appointed proxy.

Voting by electronic means

7A. A person entitled to vote at a general meeting of a management corporation may vote by electronic means only if all the following are satisfied:

(a)	the electronic voting system used is capable of accurately counting all votes cast for and against any proposal submitted at the meeting;
(b)	the electronic voting system used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes;
(c)	the chairperson must, during the meeting, declare the result of the voting by electronic means on any proposal submitted at the meeting. [S 444/2023 wef 01/07/2023]

Chairperson to preside

8. The chairperson of the management corporation presides at any general meeting of the management corporation at which he or she is present and, in his or her 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.

List of names of persons entitled to vote

9. The secretary of the management corporation must put up a list of the names of the persons who are entitled to vote at a general meeting on the notice board maintained on the common property at least 48 hours before the general meeting.

Counting of votes on motion

10.—(1) A motion submitted at a general meeting of a management corporation must be decided only according to the value, ascertained in accordance with sub-paragraphs (2) and (3), of the votes cast for and against the motion, whether personally or by proxy.

(2) Subject to sub-paragraph (3), for the purposes of sub-paragraph (1), the value of a vote cast on a motion submitted at a general meeting of a management corporation by a person entitled to vote in respect of a lot is equal to the share value of that lot.

(3) For the purposes of sub-paragraph (1), the value of the vote cast by a subsidiary proprietor of a proposed lot is 25% of the value that, but for this sub-paragraph, the subsidiary proprietor’s vote would have under sub-paragraph (2), ignoring any fraction.

(4) A poll must be taken in such manner as the chairperson thinks fit.

Chairperson’s declaration of vote

11. The declaration of the chairperson of the result of the voting on any proposal submitted at a general meeting of the management corporation is conclusive.

Minutes of general meeting

11A.—(1) The management corporation must keep or cause to be kept minutes of every general meeting of a management corporation.

(2) The minutes mentioned in sub-paragraph (1) must contain the following information:

(a)	the date, time and place of the meeting;
(b)	the names of the subsidiary proprietors present at the meeting;
(c)	the names of the subsidiary proprietors who have appointed proxies;
(d)	the names of the proxies present at the meeting;
(e)	the result of the votes on every motion submitted at the meeting;
(f)	the text of every resolution passed at the meeting.

(3) In addition to sub-paragraph (2), if the general meeting was held using virtual meeting technology (whether wholly or partly), the minutes must —

(a)	state that fact;
(b)	state the virtual meeting technology used; and
(c)	in respect of each person who was present at the general meeting using virtual meeting technology, state the fact that the person was present using virtual meeting technology.

(4) Where a general meeting was held wholly using virtual meeting technology, the requirement that the minutes of the meeting must specify the place for the meeting under sub-paragraph (2)(a) does not apply.

[S 444/2023 wef 01/07/2023]

Company may appoint representative to attend meetings

12. 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 such person as it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation, and a person so authorised is, in accordance with his or her authority or until his or her 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

13.—(1) An instrument appointing a proxy must be in writing —

(a)	under the hand of the person appointing the proxy or of the person’s attorney duly authorised in writing; or
(b)	if the person appointing the proxy is a company, either under the seal or under the hand of an officer or its attorney duly authorised.

(2) Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy must be in the following form:

^*I/We, ........................................ of being ^*a member/members of the abovenamed management corporation, appoint ........................................, of ........................................, as ^*my/our proxy to attend at the [annual or extraordinary (as the case may be)] general meeting of the management corporation or subsidiary management corporation, to be held on .......... 20 .........., and at any adjournment of the meeting and to vote for ^*me/us on ^*my/our behalf in the following manner:

Resolution

For

Against

Abstain

Notes:

1. A subsidiary proprietor may direct the subsidiary proprietor’s proxy to vote on the resolution by ticking the desired box (in favour of/against the resolution or abstain from voting) in the above table. An abstain vote will not be counted in the calculation of votes.

2. If the subsidiary proprietor does not indicate the subsidiary proprietor’s voting preference in the above table, the proxy may vote or abstain from voting at the proxy’s discretion, in relation to any matter which is put before the meeting (including any resolution to adjourn the meeting or to amend any resolution proposed at the meeting).

3. This instrument appointing a proxy is void if ^*I am/we are present at the meeting.

Signed on .................. 20 ........

..................................................

Signature(s) of subsidiary proprietor(s)

..................................................

Signature(s) of proxy

^*delete whichever is inapplicable

(3) The instrument appointing a proxy is deemed to confer authority to demand or join in demanding a poll.

(4) The instrument appointing a proxy is void if the person appointing the proxy is present at the meeting.

(5) An appointed proxy can only represent a person or persons appointing the proxy —

(a)

being a proprietor or proprietors, in the case of land in a development to which section 84D or 84E applies, of the higher of the following:

(i)	2 or fewer flats;
(ii)	a number of flats not exceeding 2% of the total number of flats in the development (rounded down to the nearest whole number); and

(b)

in any other case, being a subsidiary proprietor or subsidiary proprietors of the higher of the following:

(i)	2 or fewer lots;
(ii)	a number of lots not exceeding 2% of the total number of lots in the development (rounded down to the nearest whole number).

(6) In the event an appointed proxy represents more than the maximum permitted in sub‑paragraph (5), the additional instrument of proxy held is void.

Submission of instrument of proxy

14.—(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) —

(a)

be deposited —

(i)	at the registered address of the management corporation; or
(ii)	at any other place in Singapore that is specified for that purpose in the notice convening the meeting; or

(b)

be sent by electronic mail to an electronic mail address of the management corporation as is specified for that purpose in the notice convening the meeting or fixing the adjourned meeting.

(2) The time mentioned in sub-paragraph (1) is the following:

(a)	in the case of a poll, at least 48 hours before the time appointed for the taking of the poll;
(b)	in any other case, at least 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote.

(3) An instrument of proxy that is not submitted in accordance with sub-paragraph (1) is not to be treated as valid.

[S 444/2023 wef 01/07/2023]

Powers of proxies

15.—(1) A proxy need not be a subsidiary proprietor.

(2) Subject to sub-paragraph (3), a person duly appointed as a proxy —

(a)	if entitled to vote otherwise than as a proxy, may also vote in the person’s own right; and
(b)	if appointed as proxy for more than one person, may vote separately as a proxy in each case.

(3) A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on the matter.

Authority not to be revoked by death of principal, etc.

16. 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 notification in writing of such death, mental disorder, revocation or transfer as aforesaid has been received by the management corporation at its registered address or such other place in Singapore mentioned in paragraph 14 before the commencement of the meeting or adjourned meeting at which the instrument is used.

[13/2010; S 365/2010; S 24/2021]

[S 444/2023 wef 01/07/2023]

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