Singapore legislation
Section 62
Section 62
Chairman, secretary and treasurer of council
(1)
Where the chairman, the secretary and the treasurer of the council have not been appointed by the management corporation at its annual general meeting, the members of the council shall, at the first meeting of the council after they assume office as such members, appoint the chairman, secretary and treasurer of the council.
(2)
A person —
shall not be appointed to an office referred to in subsection (1) unless he is a member of the council; and
may be appointed to one or more of those offices.
(3)
A person appointed to an office referred to in subsection (1) shall hold office until —
he ceases to be a member of the council;
the receipt by the management corporation from him of a notice in writing of his resignation from that office; or
another person is appointed by the council or by the management corporation in general meeting to hold that office,whichever first happens.
(4)
Notwithstanding anything in this Act, a person appointed to an office referred to in subsection (1) shall not resign or vacate his office until another person is appointed by the council or by the management corporation in general meeting to hold that office and any purported resignation or vacation of office in breach of this subsection shall be deemed to be invalid.
(5)
Subsection (4) shall not apply where a member of the council is required to resign or vacate his office —
if, where he was a subsidiary proprietor at the time of his appointment or election, he ceases to be a subsidiary proprietor;
if, where he was the nominee of a subsidiary proprietor who is a company, the subsidiary proprietor who nominated him ceases to be a subsidiary proprietor.
(6)
A person shall not exercise or perform any of the powers, duties or functions of the management corporation or the treasurer of the management corporation, being powers, duties or functions relating to the receipt or expenditure of, or accounting for, moneys, or the keeping of the books of account, of the management corporation, unless he is —
a member of the management corporation or of the council and is the treasurer of the management corporation or of the council;
a managing agent who is empowered to exercise or perform those powers, duties or functions; or
a person with whom the treasurer of the management corporation is required by an order of the council to exercise or perform jointly those powers, duties or functions, and who is enabling the treasurer to comply with the order.
(7)
The treasurer of a management corporation may delegate the exercise or performance of any of his powers (other than this power of delegation), duties or functions as treasurer, the delegation of which is specifically approved by the council of the management corporation, to another member of the council so approved, subject to such limitations as to time or otherwise as are so approved.
(7A)
While a delegate is acting in accordance with the terms of a delegation under subsection (7), he shall be deemed to be the treasurer of the management corporation.
(8)
The council of a management corporation may, by a notice in writing served on the treasurer of the management corporation, order that he shall not exercise or perform any of his powers, duties or functions that are specified in the notice, unless he does so jointly with another person so specified.
(9)
Any person who contravenes subsection (6) or fails to comply with the notice of a council issued under subsection (8) shall be guilty of a offence and shall be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.