Singapore legislation

Section 55

of Building Maintenance and Strata Management Act 2004

Section 55

Chairperson, secretary and treasurer of council

Amended by35/20172/2020

(1)

The chairperson, secretary and treasurer of the council of a management corporation are the chairperson, secretary and treasurer of the management corporation.

(2)

Where the chairperson, secretary and treasurer of the council have not been appointed by the management corporation at its annual general meeting, the members of the council must, at the first meeting of the council after they assume office, appoint the chairperson, secretary and treasurer of the council.

(3)

A person —

(a)

must not be appointed to the office of chairperson, secretary or treasurer of the council unless the person is a member of the council; and

(b)

subject to this section, may be appointed to one or more of those offices.

(4)

A person appointed to the office of chairperson, secretary or treasurer of the council holds office until —

(a)

the person ceases to be a member of the council;

(b)

the management corporation receives from the person written notice of his or her resignation from that office; or

(c)

another person is appointed by the council or by the management corporation in a general meeting to hold that office,whichever first happens.

(5)

Despite anything in this Act, a person appointed to the office of chairperson, secretary or treasurer of the council of a management corporation must not resign his or her office until —

(a)

a meeting of the council is first convened for the purpose of appointing another person to fill the vacancy; or

(b)

a general meeting is first convened for the purpose of electing another person to fill the vacancy,and any purported resignation or vacation of office in breach of this subsection is deemed to be invalid.

(6)

If a management corporation carries on business without any chairperson, secretary and treasurer for more than 6 months, every person who, for the whole or any part of the period that the management corporation is so carrying on business after those 6 months —

(a)

is a subsidiary proprietor constituting the management corporation; and

(b)

knows that the management corporation is carrying on business in that manner,shall be jointly and severally liable for the payment of all the debts of the management corporation contracted during the period after those 6 months or, as the case may be, that part of it, and may be sued therefore.

(7)

Despite any other provisions of this Act, an individual must not be appointed under this section to hold office —

(a)

as a chairperson if the person is already the treasurer or secretary;

(b)

as a treasurer if —

(i)

the person is already the chairperson or secretary; or

(ii)

the re‑appointment would result in the person holding office as a treasurer for 3 consecutive terms; or

(c)

as a secretary if the person is already the chairperson or treasurer.

Amended by35/20172/2020
Section 55 — Building Maintenance and Strata Management Act 2004