Singapore legislation

Section 58

of Building Maintenance and Strata Management Act 2004

Section 58

Council’s decisions to be decisions of management corporation

(1)

Subject to the provisions of this Act, the decision of a council on any matter, other than a restricted matter, is the decision of the management corporation.

(2)

Even though a council holds office, the management corporation may in a general meeting continue to exercise or perform all or any of the powers, duties and functions conferred or imposed on the management corporation by this Act or the by‑laws.

(3)

A council must not make a decision on any matter if, before the decision is made, written notice has been given to the secretary of the council by subsidiary proprietors who altogether own not less than one‑third of the lots in the subdivided building concerned that the making of the decision is opposed by those subsidiary proprietors, and any decision, if made by the council, has no force or effect.

(4)

In subsection (1), “restricted matter”, in relation to a council of a management corporation, means —

(a)

any matter a decision on which may, in accordance with any provision of this Act or the by‑laws, only be made by the management corporation pursuant to a unanimous resolution, special resolution, 90% resolution, comprehensive resolution, resolution by consensus or in a general meeting of the management corporation, or only by the council at a meeting; and

(b)

any matter referred to in section 59 and specified in a resolution of that management corporation passed for the purposes of that section.