Singapore legislation
Section 54
Section 54
Vacation of office of member of council
(1)
A person who is the chairperson, secretary or treasurer or a member of a council must vacate his or her office as such a member —
if the person was a subsidiary proprietor at the time of his or her appointment or election and he or she ceases to be a subsidiary proprietor;
if the person was the nominee of a subsidiary proprietor and the subsidiary proprietor who nominated him or her —
ceases to be a subsidiary proprietor; or
notifies the management corporation in writing that the person’s office as a member of the council is vacated;
if the person fails to attend 3 consecutive meetings of the council without having first obtained from the council permission to be or to remain absent therefrom, the granting of which must not be unreasonably withheld;
upon the receipt by the management corporation from the person of written notice of the person’s resignation;
at the end of the next annual general meeting of the management corporation or upon the election at a general meeting of another person to that office, if earlier;
where the person is a member under section 53(2) or (3) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the council at the first annual general meeting held after that increase;
if the management corporation removes the person from his or her office;
if the person dies;
if the person becomes mentally disordered and incapable of managing himself or herself or his or her affairs; or
if the person is convicted, on or after 1 April 2005, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty.
(2)
A management corporation may remove a member of its council from office —
without a general meeting —
where the member is a subsidiary proprietor at the time of his or her appointment or election — if all or any part of the member’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of his or her lot are in arrears for more than 3 months; or
where the member is a nominee of a subsidiary proprietor — if all or any part of that subsidiary proprietor’s contributions or any other moneys levied or recoverable by the management corporation under this Act in respect of the subsidiary proprietor’s lot are in arrears for more than 3 months; or
by ordinary resolution at a general meeting in any other case, including on any of the following grounds:
misconduct;
neglect of duty; (iii)incapacity or failure to carry out satisfactorily the duties of the member’s office.
(3)
Upon the occurrence of a vacancy in the office of the chairperson, secretary or treasurer or other member of the council, otherwise than by reason of subsection (1)(e) or (f), the council may appoint a person eligible for election as such to fill the vacancy, and any person so appointed holds that office for the balance of his or her predecessor’s term of office.
(3A)
However, an appointment under subsection (3) of a person to fill a vacancy is of no effect if the person does not consent orally in person or in writing to that appointment.
(4)
The members for the time being of the council, despite anything in the Second Schedule, constitute a quorum at a meeting of the council for the purpose only of —
appointing a person under subsection (3) to fill a vacancy in the office of the chairperson, secretary, treasurer or other member of a council; or
convening a general meeting of the management corporation for that purpose.