Singapore legislation

Schedule 1

of Land Titles (Strata) Bill

Schedule 1

FIRST SCHEDULE(Section 18)MANAGEMENT CORPORATION1. In the application of this Schedule to any particular management corporation —“corporation” means the management corporation in question;“council” means the council of the corporation;“general meeting” means a general meeting of the corporation;“proprietor” means a subsidiary proprietor who is a member of the corporation.

2. The corporate name of the corporation shall be “The Management Corporation — Strata Title No. ”, the number to be specified being the serial number of the relevant strata title plan.3.—

(1)

Subject to the provisions of this paragraph, the council shall consist of not less than three nor more than seven proprietors, who shall be elected at each annual general meeting and shall cease to hold office at the next annual general meeting.(2) Where —

(a)

the first annual general meeting has not yet been held; or

(b)

there are not more than three proprietors,the council shall consist of all the proprietors.(3) Except where the council consists of all the proprietors, the corporation may at any time by resolution at an extraordinary general meeting remove any member of the council from office and appoint another proprietor in his place to hold office until the next annual meeting.(4) A member of the council may resign his office at any time by writing under his hand addressed to the corporation.(5) Where a vacancy in the membership of the council occurs otherwise than by the operation of sub-paragraph (1) or (3) of this paragraph, the remaining members may appoint another proprietor to be a member until the next annual general meeting.(6) Members of the council shall be eligible for re-election or re-appointment.

4. The council shall meet at such times and places and at such intervals as it thinks fit: Provided that any member of the council may convene a meeting by appointing a date for the meeting and giving the other members not less than seven days notice of the date appointed.5.—

(1)

Except where there is only one proprietor, a quorum at meetings of the council shall be —

(a)

two, where there are not more than four members;

(b)

three, where there are five or six members; and

(c)

four, where there are seven members.(2) Questions arising at meetings shall be decided by simple majority vote.(3) Every meeting of the council shall be presided over by a chairman, who shall be elected from among themselves by the members of the council present at the meeting and who shall have a casting as well as an original vote.(4) Subject to this paragraph, the council may regulate its own procedure at meetings.

6. Subject to any restriction imposed or direction given by the corporation at a general meeting, the council may —

(a)

delegate to any one or more of its members the exercise of any of its powers or the performance of any of its duties; and

(b)

revoke the delegation at any time.

7. The council may employ for and on behalf of the corporation such agents and servants as it thinks fit in connection with the exercise of the powers and the performance of the duties of the corporation.8.—

(1)

The council shall keep minutes of its proceedings and shall cause minutes to be kept of general meetings.(2) The council shall —

(a)

cause proper books of account to be kept in respect of all sums of money received and expended by it, specifying the matters in relation to which the receipts and expenditure take place; and

(b)

on the application of a proprietor or mortgagee of a lot (or any person authorised in writing by him) make the books of account available for inspection at all reasonable times.(3) The council shall prepare for each annual general meeting proper accounts relating to all moneys of the corporation and the corporation’s income and expenditure.(4) The accounts of the corporation shall be audited annually by auditors appointed by the council.9.—

(1)

The corporation shall hold an annual general meeting for the consideration of accounts, the election of the council and the transaction of such other business as may arise.(2) The first annual general meeting shall be held within three months after registration of the strata title plan and subsequent annual general meetings shall be held once in each year:Provided that not more than fifteen months shall elapse between the date of one annual general meeting and the next.10.—

(1)

A general meeting other than the annual general meeting shall be known as an extraordinary general meeting.(2) The council —

(a)

shall convene an extraordinary general meeting upon a requisition in writing made by proprietors who are together entitled to at least twenty-five per cent of the share units; and

(b)

may convene such a meeting on such other occasions as it thinks fit.

11. Seven days notice of any general meeting, specifying the place, date and hour of the meeting and the general nature of the business to be transacted, shall be given to every proprietor and every first mortgagee of a lot in the subdivided building (being a registered mortgagee who has notified his interest to the corporation): Provided that accidental omission to comply with this paragraph in respect of a proprietor or mortgagee shall not invalidate the proceedings at the meeting.12.—

(1)

One-half of the persons entitled to vote shall constitute a quorum at a general meeting.(2) If within half an hour after the time appointed for a general meeting a quorum is not present, the meeting shall stand adjourned to the same day in the next week at the same place and time; and, if at the adjourned meeting a quorum is not present within half an hour after the time appointed for the meeting, those persons entitled to vote who are present shall constitute a quorum.

13. Every general meeting shall be presided over by a chairman, who shall be elected from among themselves by those persons present who are entitled to vote.14.—

(1)

A resolution at a general meeting shall be decided on a show of hands unless a poll is demanded by a proprietor or his proxy.(2) Unless a poll is demanded, a declaration by the chairman that a resolution has been carried on a show of hands shall be conclusive evidence of the fact without proof of the number or proportion of votes recorded in favour of or against the resolution.(3) A demand for a poll may be withdrawn.(4) Where a poll is taken, it shall be taken in such manner as the chairman thinks fit, and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.(5) In the case of an equality of votes (whether on a show of hands or a poll) the chairman shall be entitled to a casting vote in addition to his original vote.15.—

(1)

On a show of hands or a poll, votes may be cast either personally or by proxy.(2) An instrument appointing a proxy (who need not be a proprietor) shall be in writing under the hand of the person making the appointment or his attorney, and may be either for a general or a particular meeting.

16. Each proprietor who is not a co-proprietor shall have one vote on a show of hands and on a poll shall have such number of votes as corresponds with the number of the share units attaching to his lot: Provided that except where a unanimous resolution is required, no proprietor shall be entitled to vote at a general meeting unless all contributions to the management fund of the corporation in respect of his lot have been duly paid.17.—

(1)

Co-proprietors may vote by means of a jointly appointed proxy.(2) In the absence of a proxy, co-proprietors shall not be entitled to vote on a show of hands except where a unanimous resolution is required: Provided that any one co-proprietor may demand a poll.(3) On a poll each co-proprietor shall be entitled to such number of the votes attaching to his parcel as is proportionate to his interest in the parcel (fractions being disregarded).

18. The common seal of the corporation shall not be used except on the authority of the council previously given and in the presence of at least two members of the council, who shall sign the instrument to which the seal is affixed: Provided that where there is only one member of the corporation, his presence and signature shall be sufficient.

19. A special resolution of the corporation is a resolution passed at a general meeting of which at least fourteen days’ notice specifying the proposed special resolution has been given by proprietors who are together entitled to not less than three-quarters of the share units and who together constitute not less than three-quarters of the membership.