Singapore legislation
Schedule 3
Schedule 3
General Meetings of Management Corporation
THIRD SCHEDULESections 40 and 48(1)(l)General Meetings of Management CorporationNotice of general meetings1.—
Notice of a general meeting of a management corporation shall be served on each subsidiary proprietor and first mortgagee of a lot, as ascertained from the strata roll, at least 14 days before the meeting.(2) Every such notice for an annual general meeting shall —
be accompanied by a copy of the statement of accounts of the management corporation last prepared by the management corporation in accordance with section 48(1)(j) and a copy of the auditor’s report on the accounts of the management corporation; and
include a motion for the adoption of those accounts.(3) Every such notice for an annual general meeting or an extraordinary general meeting shall —
specify the place, day and hour for the meeting;
include each proposed resolution to be considered at the meeting;
specify any other business to be transacted at the meeting; and
inform each person to whom the notice is addressed that he may vote in respect of each proposed resolution and, where relevant, on election of members of the council —
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 him by this Schedule;
except in the case of a unanimous resolution, only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the management corporation from him at the date of the notice (being contributions levied on him, or moneys recoverable from him, in respect of the lot of which he is the subsidiary proprietor or first mortgagee) have been duly paid at least 3 days before the commencement of the meeting; and (iii)either in person or by proxy at the meeting.(4) No motion shall be submitted at a general meeting unless notice of the resolution has been given in accordance with this paragraph.(5) A meeting at which a special or unanimous resolution is to be proposed shall be deemed not to be duly convened by the council if it does not give such notice thereof as is required by this Act in the case of special and unanimous resolutions.Persons entitled to vote at general meetings2.—
A person shall be 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 only if he is the subsidiary proprietor or a mortgagee in possession or a receiver of that lot as shown on the strata roll and has paid to the management corporation all contributions and any other moneys levied or recoverable by the management corporation under this Act.(2) Notwithstanding any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot shall be entitled to vote in respect of that lot on any proposals submitted at a general meeting of a management corporation or on any election of members of the council and, if he votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal shall 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 co-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, shall be accepted to the exclusion of the votes of the others; and for this purpose seniority shall be determined by the order in which the names stand in the strata roll.(4) Only the subsidiary proprietor entitled to the first of 2 or more successive estates in a lot shall, subject to this Schedule, be 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 council.(5) A subsidiary proprietor who is the trustee of a lot shall, subject to this Schedule, be 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 council and the persons beneficially interested in the trust shall not be entitled to cast such a vote.(6) The voting rights conferred by this paragraph shall be subject to section 59(9) and (10).Quorum3.—
No business shall be transacted at any general meeting of a management corporation unless a quorum of members is present.(2) For the purposes of this paragraph, the number of subsidiary proprietors present at the meeting either in person or by proxy who own not less than 50% of share values for all the lots shown on the strata title plan shall form a quorum.(3) If within half an hour appointed for holding a general meeting no quorum of subsidiary proprietors is present, the general meeting, not being a general meeting convened on receipt of a requisition by members, may be held as if a quorum is present if there are 2 or more subsidiary proprietors present in person.Motions out of order
4. At a general meeting of a management corporation, the chairman may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable.Method of casting vote
5. Except as provided in paragraph 2(3), a vote on a motion submitted at a general meeting of a management corporation or on any election of members of the council may be cast by the person entitled to vote, either personally or by his duly appointed proxy.Chairman to preside
6. The chairman of the management corporation shall preside at any general meeting of the management corporation at which he is present and, in his 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 shall, while he is so presiding, be deemed to be the chairman of the management corporation.List of names of persons entitled to vote
7. The secretary of the management corporation shall 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 election of council
8. Each person entitled to vote on an election of members of the council shall have one vote in respect of each lot which he is entitled to vote.Counting of votes on motion9.—
Subject to this paragraph, a motion submitted at a general meeting of a management corporation shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having one vote in respect of each lot in respect of which he 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.(2) If —
a poll is demanded by any person entitled to vote at a general meeting of a management corporation on a motion submitted at that meeting and the demand is made by that person personally at the meeting; or
a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution,the motion shall be decided according to the value, ascertained in accordance with sub-paragraphs (3) and (4), of the votes cast for and against the motion, whether personally, by proxy or in writing.(3) Subject to sub-paragraph (4), for the purposes of sub-paragraph (2) 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 shall be equal to the share value of that lot.(4) For the purposes of sub-paragraph (2), the value of the vote cast by a subsidiary proprietor of a provisional lot shall be 25% of the value that, but for this sub-paragraph, his vote would have under sub-paragraph (3), ignoring any fraction.(5) A poll shall be taken in such manner as the chairman thinks fit.(6) A demand for a poll may be withdrawn by the person who made it.Chairman’s declaration of vote
10. The declaration of the chairman of the result of the voting on any proposal submitted at a general meeting of the management corporation, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the proposal.General meetings valid if attended only by chairman
11. A general meeting of a management corporation shall, subject to paragraph 3, be validly held notwithstanding that the only person present at the meeting is the chairman of the management corporation.Requisition for motions to be included on agenda for general meeting12.—
Any person entitled to vote at a general meeting of a management corporation may by notice in writing served on the secretary of the council require inclusion in the agenda of the next general meeting of the management corporation (other than a meeting in respect of which notices have already been given under paragraph 1(4)) of a motion set out in the first-mentioned notice and the secretary shall comply with the notice.(2) For the purposes of sub-paragraph (1), a subsidiary proprietor who, but for the existence of a mortgage over his lot, would be entitled to vote at a general meeting of the management corporation shall be deemed to be entitled to vote at that meeting.Amendment or revocation of unanimous or special resolutions
13. A unanimous resolution or special resolution of a management corporation shall not be amended or revoked except by a subsequent unanimous resolution or special resolution, as the case may be.Duties of proprietor until council is elected
14. Until the offices of the chairman, secretary and treasurer of the management corporation are filled or until the expiration of the first annual general meeting, whichever first happens, the powers, duties and functions conferred or imposed on the holders of those offices shall be exercised and performed by the proprietor or by his agent duly authorised in writing.Meetings of management corporation before first annual general meeting15.—
Until the first annual general meeting of the management corporation is held, the secretary of the management corporation may convene an extraordinary general meeting and shall do so on receipt of a requisition signed by one or more persons entitled to vote in respect of one or more lots, the share value or the sum of the share value of which is at least 25% of the aggregate share value.(2) The provisions of this Schedule (paragraph 1(2) excepted) shall apply to and in respect of a meeting referred to in sub-paragraph (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.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 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 shall in accordance with his authority or until his authority is revoked by the company be entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual.Instrument of proxy17.—
An instrument appointing a proxy shall be in writing under the hand of the appointer or of his attorney duly authorised in writing or, if the appointer is a company, either under seal or under the hand of an officer or attorney duly authorised.(2) A proxy need not be a subsidiary proprietor.(3) The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.Form of proxy for voting for or against a resolution
18. Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit:I/We, , of being a member/members of the above-named management corporation, hereby appoint , of , or failing him, of , as my/our proxy to vote for me/us on my/our behalf at the [annual or extraordinary, as the case may be] general meeting of the management corporation, to be held on the day of 20 , and at any adjournment thereof.Signed this day of 20 .1This form is to be used in favour of/against the resolution.1 Strike out whichever is not desired. [Unless otherwise instructed, the proxy may vote as he thinks fit.].Proxy to be deposited at registered address of management corporation
19. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered address of the management corporation, or at such other place in Singapore as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, or, in the case of a poll, not less than 48 hours before the time appointed for the taking of the poll, and in default the instrument of proxy shall not be treated as valid.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 shall be valid notwithstanding the previous death or unsoundness of mind 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, unsoundness of mind, revocation, or transfer as aforesaid has been received by the management corporation at the registered office before the commencement of the meeting or adjourned meeting at which the instrument is used. [16/87; 21/89]