Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order 2005

No. S 198

Building Maintenance and Strata Management Act 2004

(Act 47 of 2004)

Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order 2005

In exercise of the powers conferred by section 134(1) of the Building Maintenance and Strata Management Act 2004, the Minister for National Development hereby makes the following Order:

Citation and commencement

1. This Order may be cited as the Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order 2005 and shall come into operation on 1st April 2005.

Definitions

2. In this Order, unless the context otherwise requires —

“exempt management corporation” means a management corporation that is constituted for any designated land pursuant to an application under section 126 of the Land Titles (Strata) Act (Cap. 158) as modified by section 126A of that Act;

“HDB” means the Housing and Development Board constituted under the Housing and Development Act (Cap. 129).

No initial period for former HUDC housing estates

3. Every exempt management corporation that is constituted for any housing estate formerly subject to the HUDC Housing Estates Act (Cap. 131) shall be exempt from section 49 of the Act.

Shorter initial period for other estates

4. Subject to paragraph 3, every other exempt management corporation shall be exempt from section 49 of the Act from whichever following day is the earlier:

(a)	the 91st day after the day on which the exempt management corporation is constituted; or
(b)	the day when the first annual general meeting of the exempt management corporation is held.

No first annual general meeting for former HUDC housing estates

5. The HDB shall be exempt from section 26 of the Act in respect of any exempt management corporation that is constituted for any housing estate formerly subject to the HUDC Housing Estates Act.

First annual general meeting for other estates

6.—(1) Subject to paragraph 5, the HDB shall be exempt from section 26(1) of the Act in respect of every other exempt management corporation on condition that the HDB holds the first annual general meeting of the exempt management corporation from whichever following day is the earlier:

(a)	a day that is within 90 days after the exempt management corporation is constituted; or
(b)	a day that is 6 weeks after the HDB receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that exempt management corporation’s strata title plan asking for the first annual general meeting to be held.

(2) The HDB shall be exempt from following the agenda specified in section 26(3)(f) of the Act for the first annual general meeting of an exempt management corporation, on condition that the agenda includes instead, the item of receiving and, if considered fit, of adopting the audited annual accounts of the exempt management corporation for the period —

(a)	starting from the date the exempt management corporation is constituted; and
(b)	ending on a date not earlier than 60 days before its first annual general meeting.

(3) The HDB shall be exempt from the duty under section 26(4) of the Act of placing before the first annual general meeting of, and from delivering to, an exempt management corporation any document or record referred to in paragraph (a)(ii), (v), (vii) or (viii) of section 26(4) of the Act.

Made this 28th day of March 2005.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND 311/13-301 Vol. 7; AG/LEG/SL/30C/2004/5 Vol. 1]

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