Singapore legislation

Section 30

of HUDC Housing Estates Act

Section 30

Minister may appoint Board or other person to exercise or perform certain powers, etc.

(1)

Where the Minister is satisfied that a body corporate is not carrying out its duties or functions satisfactorily and that it would be in the interests of all the owners of the flats in the housing estate concerned or the creditors of the body corporate to appoint the Board or any other person to exercise and perform all or some of the powers, duties and functions of the body corporate, the Minister may, by order published in the Gazette, appoint the Board or such other person as may be nominated by the Minister as a managing agent of the body corporate to perform such powers, duties or functions of the body corporate as may be specified in the order and any person so appointed by the Minister shall be deemed to have been appointed as a managing agent by the body corporate pursuant to section 20.

(2)

The Minister shall not make an order under subsection (1) unless he has given not less than 30 days’ notice in writing to the committee of the body corporate concerned of his intention to appoint the Board or any other person to exercise all or such of the powers, duties and functions of the body corporate as may be specified by the Minister in the notice and the committee may make representations (if any) to the Minister within the period of 30 days after the date of the service of the notice.

(3)

Where the Minister makes an order under subsection (1), he may also order that the managing agent shall have and may exercise and perform —

(a)

all the powers, duties and functions of the body corporate for the housing estate to which the order relates or of the chairman, secretary or treasurer of that body corporate or the committee of that body corporate;

(b)

any one or more of those powers, duties or functions specified in the order; or

(c)

all of those powers, duties and functions except those specified in the order.

(4)

Where the Minister has made an order under subsection (1), no person other than the managing agent may, while he holds office as such, exercise or perform any power, authority, duty or function which the managing agent is authorised to exercise or perform by that order or an order under subsection (3).

(5)

During the period when a managing agent is appointed by the Minister to exercise and perform all or some of the powers, duties and functions of a body corporate, the managing agent shall have the power to vary or increase the contributions referred to in section 13(1)(l), (m) or (q) and any amount so varied or increased by the managing agent shall be deemed to be the amount determined by the body corporate in general meeting in accordance with section 13(1)(l), (m) or (q).

(6)

The managing agent shall be entitled to the payment of such fee as may be determined by the Minister for performing any service under this section.