Singapore legislation
Section 53A
Section 53A
Councils for mixed‑use developments
(1)
This section applies only in relation to a management corporation with more than 3 subsidiary proprietors constituted for a parcel in a strata title plan, whether or not comprising limited common property but consisting of buildings authorised under the Planning Act 1998 for 2 or more of the following classes of use:
residence;
office;
commercial (other than as an office), such as a shop, food establishment or theatre;
boarding premises, such as a hotel, serviced apartment or nursing home;
a prescribed purpose.
(2)
Subject to this section, in the case of a management corporation of a mixed‑use development mentioned in subsection (1), there must be reserved for each class of use mentioned in that subsection and authorised for that development under the Planning Act 1998, at least one office as member of the council of that management corporation (called in this Act a reserved council office).
(3)
Despite section 53(6) and without affecting section 53(7), (8), (9), (9A) and (9B), a person is ineligible for election or re‑election under section 53 to a reserved council office for a particular class of use if the person —
is not a subsidiary proprietor of a lot in that development authorised for that class of use; and
is not a nominee of a subsidiary proprietor in paragraph (a).
(4)
Where at the close of nominations at a general meeting for a reserved council office, only one person eligible for election to that office is nominated for that office, that person is deemed elected to that reserved council office without voting.
(5)
However, where at the close of nominations at a general meeting for a reserved council office, no person eligible for election to that office is nominated, then that office ceases to be a reserved council office; and an election to that office is not subject to this section.
(6)
Where at the close of nominations at a general meeting for a reserved council office, more than one person eligible for election to that reserved council office is nominated (called in this section a candidate), the matter must be put to a vote, and the candidate to whom the greatest number of votes is given at the election must be declared elected to that reserved council office.
(7)
The remaining offices in the council that are not reserved must be filled —
firstly from among the candidates not declared elected to any reserved council seat after a vote is taken at the election (called in this section an unsuccessful candidate); and
on the basis of the number of votes they received at the same election in the following order of priority — by the unsuccessful candidate receiving the highest votes being placed first and other unsuccessful candidates being placed in descending order according to votes received by them.
(8)
When, after the counting of votes cast for the candidates is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected to an office of a council, the determination of the candidate to whom the one additional vote is to be treated as being given must, unless one of the candidates withdraws from the election, be made by drawing lots in the manner that the person presiding at the general meeting determines.