Singapore legislation

Section 26

of Building Maintenance and Strata Management Act 2004

Section 26

First annual general meeting of management corporation

Amended by35/201735/201735/201735/201735/2017

(1)

The owner developer of any development on a parcel comprised in a strata title plan (whether or not the owner developer is also a subsidiary proprietor) must hold the first annual general meeting of the management corporation constituted in respect of that strata title plan no later than the earlier of the following dates:

(a)

a date that is one month after the end of the initial period for the management corporation;

(b)

a date that is 8 weeks after the owner developer receives a written request from the subsidiary proprietors of at least 10% of the total number of lots comprised in that strata title plan asking for the first annual general meeting to be held.

Amended by35/2017

(2)

Subject to subsection (8), the chairperson of the first annual general meeting must be the owner developer acting personally or a responsible officer of the owner developer.

Amended by35/2017

(3)

The agenda for the first annual general meeting of a management corporation constituted in respect of a strata title plan comprising any development must consist of the following:

(a)

to elect a council in accordance with section 53 where there are more than 3 subsidiary proprietors;

(b)

to determine the amount to be raised for the management fund and the sinking fund;

(c)

to decide whether insurances effected by the owner developer of the development should be varied or extended;

(d)

to decide the matters that may be determined only by the management corporation at a general meeting;

(e)

to appoint a managing agent, if the management corporation so desires, and to determine the powers, duties or functions of the management corporation to be delegated to the managing agent;

(f)

to receive and, if considered fit, to adopt the audited annual accounts of the management corporation for the period starting from the date the management corporation is constituted and ending on a date not earlier than 4 months before the first annual general meeting.

(4)

At the end of or within 2 weeks after convening the first annual general meeting of the management corporation constituted in respect of a strata title plan comprising any development, the owner developer of the development must —

(a)

place before the meeting and deliver to the management corporation copies of all the following:

(i)

all plans that were required to obtain the temporary occupation permit and certificate of statutory completion (where applicable) for all buildings in the development (including amendments to such plans), that have been filed with the Commissioner of Building Control under the Building Control Act 1989;

(ii)

any as‑built drawings in the owner developer’s possession that indicate, as far as practicable, the actual location of any pipe, wire, cable, chute, duct or other facility for the passage or provision of systems or services, if the owner developer has reason to believe that the pipe, wire, cable, chute, duct or other facility is not located as shown on a plan or an amended plan filed with the Commissioner of Building Control under the Building Control Act 1989;

(iii)

all contracts entered into by or on behalf of the management corporation;

(iv)

a copy of the strata title plan;

(v)

the names and addresses of such contractors, subcontractors and persons who supplied labour or materials to the development during construction as may be prescribed;

(vi)

all warranties, manuals, schematic drawings, operating instructions, service guides, manufacturer’s documentation and other similar information respecting the construction, installation, operation maintenance, repair and servicing of any common property or limited common property, including any warranty information provided to the owner developer by any person referred to in sub‑paragraph (v);

(vii)

all records required to be prepared or retained by the management corporation under this Act; (viii)a manufacturer’s manual which relates to prefabricated bathroom units that are incorporated in the development, if any are incorporated in the development;

(ix)

any other records that may be prescribed; and

(b)

place an annual budget before the meeting for approval, which must be for a period of 12 months starting on the first day of the month following the date of the first annual general meeting.

Amended by35/2017

(5)

If the owner developer contravenes subsection (4)(a) and the management corporation is required to pay any person to obtain a document referred to in that provision, the amount so paid is deemed to be a debt owing to the management corporation by the owner developer.

(6)

If the owner developer does not hold the first annual general meeting as required by subsection (1), any subsidiary proprietor of any lot comprised in the development or any mortgagee in possession of such lot may apply to the Commissioner to appoint a person to convene the first annual general meeting of the management corporation for that development.

(7)

The Commissioner may, on receiving any application under subsection (6), by order —

(a)

appoint a person to convene the first annual general meeting of the management corporation of a development within such time and at such place as may be specified in the order; and

(b)

include such ancillary or consequential instructions as the Commissioner thinks fit to facilitate the holding of the meeting by the person,and any meeting so convened by that person is the first annual general meeting of the management corporation.

(8)

Where an order is made under subsection (7) —

(a)

the person appointed under that order to convene the meeting must preside at the meeting and while so presiding, the person is deemed to be the chairperson of the management corporation; and

(b)

notice of the meeting may be given in such manner as may be specified in the order.

(9)

Any owner developer who, without reasonable excuse, fails to comply with subsection (1) shall be guilty of an 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 or part of a day during which the offence continues after conviction.

(10)

Where a subsidiary management corporation is constituted for any development by the owner developer of that development, this section also applies to the owner developer in relation to that limited common property —

(a)

as if the reference in this section to a management corporation includes a reference to the subsidiary management corporation;

(b)

as if the reference in this section to the subsidiary proprietors of lots comprised in the strata title plan includes a reference to the subsidiary proprietors of lots for whose exclusive benefit the limited common property is designated on that strata title plan; and

(c)

as if the reference in this section to the council of a management corporation includes a reference to the executive committee of a subsidiary management corporation,with such prescribed exceptions, modifications and adaptations as the differences between management corporations and subsidiary management corporations require.

Amended by35/2017

(11)

In this section —

Amended by35/2017

Definition

“accredited”, in relation to a fabrication facility or a fabrication method, means that the fabrication facility or the fabrication method is accredited by a body specified in the Code of Practice on Buildability issued by the Building and Construction Authority;

Definition

“building works” has the meaning given by section 2(1) of the Building Control Act 1989;

Definition

“prefabricated bathroom unit” means a bathroom unit (complete with finishes for walls and floors) which is —

(a)

constructed and assembled; or

(b)

manufactured and assembled,in an accredited fabrication facility, in accordance with any accredited fabrication method, and then installed in a building under building works;

Definition

“responsible officer” —

(a)

for an owner developer that is a corporation or limited liability partnership, means —

(i)

any director, partner, chief executive or employee of the corporation; or

(ii)

for a corporation whose affairs are managed by its members, any of those members as if the member were a director of the corporation, or any employee of the corporation;

(b)

for an owner developer that is a partnership, means any partner in the partnership, or any employee of the partnership; or

(c)

for an owner developer that is an unincorporated association (other than a partnership), means —

(i)

the president, the secretary, or any member of the committee of the unincorporated association;

(ii)

any person holding a position analogous to that of president, secretary or member of a committee of the unincorporated association; or

(iii)

any employee of the unincorporated association.

Amended by35/2017