Singapore legislation

Section 104

of Building Maintenance and Strata Management Act 2004

Section 104

Order where voting rights denied or due notice of item of business not given

(1)

Where, pursuant to an application by a person under this section, a Board is satisfied that a particular resolution would not have been passed at a general meeting of a management corporation or subsidiary management corporation but for the fact that the applicant —

(a)

was improperly denied a vote on the motion for the resolution; or

(b)

was not given due notice of the item of business pursuant to which the resolution was passed,the Board may order that the resolution be treated as a nullity on and from the date of the order.

(2)

An application for an order under subsection (1) may not be made after 21 days after the date of the meeting at which the resolution was passed.

(3)

Where —

(a)

an order under subsection (1) is made in respect of a resolution making a by‑law amending, adding to or repealing another by‑law; and

(b)

the by-law made pursuant to that resolution is in force,the by-law, subject to its having been or being amended, added to or repealed under section 32, 33 or 82 (as the case may be) has force and effect on and from the date the order is so made to the same extent as it would have had if the resolution had not been passed.

Section 104 — Building Maintenance and Strata Management Act 2004