Singapore legislation
Section 53
Section 53
Council of management corporation
(1)
Subject to this section and section 53A, after the first annual general meeting, every management corporation must have a council which consists of such number of persons as the management corporation may determine in a general meeting, but in no case exceeding a total of 14 natural persons (inclusive of any member of an executive committee of a subsidiary management corporation in section 80(4)), and these persons must be elected or appointed in accordance with this Act as follows:
a chairperson;
a secretary;
a treasurer; or
a member of the council,all of whom must be natural persons elected or appointed in accordance with this Act.
(2)
Despite subsection (1), where a management corporation has not more than 3 subsidiary proprietors, the council of the management corporation must consist of each subsidiary proprietor (if any) who is a natural person or the subsidiary proprietor’s nominee, together with the nominee of each subsidiary proprietor (if any) which is a company.
(3)
Where a management corporation has only one subsidiary proprietor, the sole subsidiary proprietor may make any decision that a duly convened council may make under this Act, and any such decision is deemed to be a decision of the council of the management corporation.
(4)
All the members of the council of a management corporation must be elected at each annual general meeting of the management corporation.
(5)
The members of the council of a management corporation must retire from office at the conclusion of the next annual general meeting of the management corporation, but a retiring member of the council is (subject to the provisions of this Act) eligible for re‑election.
(6)
A person is ineligible for election as a member of the council of a management corporation unless he or she is an individual of at least 21 years of age and who —
is a subsidiary proprietor of a lot;
is nominated for election by a subsidiary proprietor of a lot which is a company; or
is not a subsidiary proprietor but is a member of the immediate family of a subsidiary proprietor and is nominated for election by that subsidiary proprietor.
(7)
Despite subsection (6), an individual mentioned in that subsection is ineligible for election as a member of the council of a management corporation if, on the 3rd day before the date of election —
where the individual is a subsidiary proprietor of a lot — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears;
where the individual is nominated for election by a subsidiary proprietor of a lot which is a company — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears; or
where the individual is a member of the immediate family of a subsidiary proprietor of a lot and is nominated for election by that subsidiary proprietor — all or any part of the contributions and any other moneys levied or recoverable by the management corporation under this Act in respect of that lot are in arrears.
(8)
Despite subsection (6) and without affecting subsection (7), the following persons are also ineligible for election as a member of the council:
an individual who is a joint subsidiary proprietor of a lot with another subsidiary proprietor, if that other subsidiary proprietor is also a candidate at that election or has nominated another person for that election;
an individual who is nominated for election by a subsidiary proprietor who owns 2 or more lots, if that subsidiary proprietor together with any of that subsidiary proprietor’s nominees —
nominated at the same election; or
elected or appointed to the council at the same or other election,or that subsidiary proprietor’s nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with subsection (12).
(9)
Despite subsection (6) and without affecting subsections (7) and (8), an undischarged bankrupt is eligible for election as a member of the council if, and only if, his or her status as an undischarged bankrupt is declared in writing, whether by himself or herself or by another, at the time of his or her nomination.
(9A)
Despite subsection (6) and without affecting subsections (7), (8) and (9), a person is ineligible for election or re‑election to office under subsection (1) —
as a chairperson if the person is already elected as the treasurer or secretary;
as a treasurer if the person is already elected as the chairperson or secretary; and
as a secretary if the person is already elected as the chairperson or treasurer.
(9B)
Despite subsection (6) and without affecting subsections (7), (8), (9) and (9A), a person is ineligible for election or re‑election to office as a treasurer under subsection (1) if the re‑election would result in the person holding office as a treasurer for 3 consecutive terms.
(10)
Where there is no council of a management corporation, the parcel comprised in a strata title plan must be administered by the management corporation constituted for that strata title plan, but nothing in this subsection prevents a managing agent appointed under this Act from exercising or performing any power, duty or function conferred or imposed upon the managing agent.
(11)
The Second Schedule has effect with respect to the proceedings of the council of a management corporation.
(12)
For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a council under subsection (8)(b), the threshold number for that subsidiary proprietor is —
the number of council members that is proportional to the subsidiary proprietor’s share value, ignoring any fraction; or
49% of the number of council members determined under subsection (1), ignoring any fraction,whichever number is lower.