Singapore legislation
Clause 11
Clause 11
New First, Second and Third Schedules
The principal Act is amended by deleting the First and Second Schedules and substituting the following Schedules:“FIRST SCHEDULESections 31(2), (3) and (4) and 40(e).By-lawsChairman, secretary and treasurer of management corporation
1. The chairman, secretary and treasurer of the council shall also be respectively the chairman, secretary and treasurer of the management corporation.Council may employ agents and servants
2. A council may employ for and on behalf of the management corporation such agents and servants as it thinks fit in connection with the exercise and performance of the powers, duties and functions of the management corporation.Notice-board
3. A council shall cause a notice-board to be affixed to some part of the common property.Powers and duties of secretary of management corporation4.—
The powers and duties of a secretary of a management corporation shall include —
the preparation and distribution of minutes of meetings of the management corporation;
the giving on behalf of the management corporation of the notices required to be given under this Act;
the maintenance of the strata roll;
the supply of information on behalf of the management corporation in accordance with section 44(1)(a) and (b);
the answering of communications addressed to the management corporation; and
the calling of nominations of candidates for election as members of the council.(2) The secretary of a management corporation shall, within 28 days of a general meeting convened by the management corporation, file with the Commissioner certified true copies of —
the audited accounts of the corporation which has been presented to the general meeting, if any;
the resolutions passed at the general meeting; and
the minutes of the general meeting.Powers and duties of treasurer of management corporation
5. The powers and duties of a treasurer of a management corporation shall include —
the notifying of subsidiary proprietors of any contributions levied pursuant to this Act;
the receipt, acknowledgment and banking of and the accounting for any money paid to the management corporation;
the preparation of any certificate applied for under section 44(1)(c); and
the keeping of the books of account referred to in section 38(1)(j) and the preparation of the statement of accounts referred to in section 38(1)(k).Duty to furnish information
6. Any member of the council shall furnish the Commissioner or any person authorised by him to act on his behalf such information as the member possesses which the Commissioner or any such duly authorised person considers necessary for the purposes of discharging the functions of the Commissioner under this Act or the Buildings and Common Property (Maintenance and Management) Act, 1973 (Act 23 of 1973).Noise
7. A subsidiary proprietor or occupier of a lot shall not upon the parcel create any noise likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot or of any person lawfully using the common property.Vehicles
8. A subsidiary proprietor or occupier of a lot shall not park or leave any motor vehicle or other vehicle upon the common property except with the approval of the management corporation.Obstruction of common property
9. A subsidiary proprietor or occupier of a lot shall not obstruct the lawful use of the common property by any person.Damage to lawns, etc., on common property
10. A subsidiary proprietor or occupier of a lot shall not —
damage any lawn, garden, trees, shrub, plant or flower being part of or situated upon the common property; or
use for his own purposes as a garden any portion of the common property.Damage to common property
11. A subsidiary proprietor or occupier of a lot shall not mark, paint, drive nails or screws or the like into, or otherwise damage or deface, any structure that forms part of the common property without the approval in writing of the management corporation, but this by-law shall not prevent a subsidiary proprietor or person authorised by him from installing —
any locking or other safety device for the protection of his lot against intruders; or
any screen or other device to prevent entry of animals or insects upon his lot.Permission to carry out alterations
12. A subsidiary proprietor or occupier shall not make any alteration to the windows in any structure that forms part of the common property without having obtained the approval in writing of the management corporation.Balconies
13. A subsidiary proprietor or occupier of a lot shall not make any alterations or additions to any balcony of his lot without the written approval of the management corporation.Behaviour of subsidiary proprietors and occupiers
14. A subsidiary proprietor or occupier of a lot when upon the common property shall be adequately clothed and shall not use language or behave in a manner likely to cause offence or embarrassment to the subsidiary proprietor or occupier of another lot or to any person lawfully using the common property.Children playing on common property in building
15. A subsidiary proprietor or occupier of a lot shall take all reasonable steps to ensure that any child of whom he has control when playing upon the common property shall not —
cause any damage to the common property; and
create any noise likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot.Behaviour of invitees
16. A subsidiary proprietor or occupier of a lot shall take all reasonable steps to ensure that his invitees do not behave in a manner likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot or of any person lawfully using the common property.Depositing rubbish, etc., on common property
17. A subsidiary proprietor or occupier of a lot shall not deposit or throw upon the common property any rubbish, dirt, dust or other material likely to interfere with the peaceful enjoyment of the subsidiary proprietor or occupier of another lot or of any person lawfully using the common property.Drying of laundry items
18. A subsidiary proprietor or occupier of a lot shall not, except with the consent in writing of the management corporation, hang any washing, towel, bedding, clothing or other article on any part of the parcel in such a way as to be visible from outside the subdivided building other than on any lines provided for the purpose and there only for a reasonable period.Cleaning windows, etc.
19. A subsidiary proprietor or occupier of a lot shall keep clean all glass in windows and all doors on the boundary of his lot, including so much thereof as is part of the common property.Floor coverings
20. A subsidiary proprietor or occupier of a lot who carries out any pounding of chillies or other substances for cooking purposes shall ensure that the part of the floor on which the activity is carried out is covered to an extent sufficient to prevent the transmission therefrom of noise likely to disturb the peaceful enjoyment of the subsidiary proprietor or occupier of another lot.Storage of flammable liquids, etc.21.—
A subsidiary proprietor or occupier of a lot shall not, except with the approval in writing of the management corporation, use or store upon his lot or upon the common property any flammable chemical, liquid, or gas or other flammable material, other than chemicals, liquids, gases or other material used or intended to be used for domestic purposes, or any such chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.(2) This by-law shall not apply to any lot where the subsidiary proprietor or occupier thereof has obtained a licence issued under section 14 of the Building Control Act, 1973 (Act 59 of 1973), authorising the use of a lot for a trade or other purpose specified in that section.Refuse disposal22.—
A subsidiary proprietor or occupier of a lot in a multi-storeyed subdivided building provided with chutes for the disposal of refuse shall —
ensure that before any refuse is thrown into the chutes it is securely wrapped in plastic bags or other similar materials; and
not dispose of any large objects into the chutes which may obstruct the free fall of refuse in the chutes.(2) A subsidiary proprietor or occupier of a lot which is not provided with any chute for the disposal of refuse —
shall maintain within his lot, or on such part of the common property as may be authorised by the management corporation, in clean and dry condition and adequately covered a receptacle for the disposal of refuse;
shall ensure that before refuse is placed in the receptacle it is securely wrapped or, in the case of tins or other containers, completely drained;
for the purpose of having the refuse collected shall, not more than one hour before the time at which refuse is normally collected, place the receptacle within an area designated for that purpose by the management corporation;
when the refuse has been collected shall promptly return the receptacle to his lot or other area referred to in paragraph (a);
shall not place any thing in the receptacle of the subsidiary proprietor or occupier of any other lot except with the permission of that subsidiary proprietor or occupier; and
shall promptly remove anything which he or the refuse collector may have spilled from the receptacle and shall take such action as may be necessary to clean the area within which that thing was so spilled.Keeping of animals
23. A subsidiary proprietor or occupier of a lot shall not keep any animal upon his lot or the common property which may cause annoyance to the subsidiary proprietors or occupiers of other lots.Duty to maintain lot
24. A subsidiary proprietor or occupier of a lot shall maintain his lot including all sanitary fittings, water, gas, electrical and air-conditioning pipes and apparatus thereof in a good condition so as not to cause annoyance to the subsidiary proprietors or occupiers of other lots.Lot not to be used for purpose injurious to the reputation of the building
25. A subsidiary proprietor or occupier of a lot shall not use his lot for any purpose (illegal or otherwise) which may be injurious to the reputation of the subdivided building.SECOND SCHEDULESection 50(7).Proceedings of the Councils of Management CorporationsChairman to preside at meetings
1. The chairman shall preside at all meetings of the council at which he is present and, if he is absent from any such meeting, the members of the council present at that meeting shall appoint one of their number to preside at that meeting during the absence of the chairman.Meetings of councils2.—
At any meeting of a council a quorum shall consist, where there is only one member of a council, of that member or, where there are two or more members of a council, of the majority of the members of the council.(2) Subject to this Act, the decision on any matter, where there is only one member of a council, of that member or, where there are two or more members of a council, of the majority of the members voting on that matter shall be the decision of the council at any meeting at which a quorum is present.(3) A council shall cause a record of its decisions, of any notices given to its secretary under section 54(3), and full and accurate minutes of its meetings, to be kept.Keeping of records3.—
The council shall keep minutes of its proceedings and shall cause minutes of general meetings to be kept.(2) The council shall —
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
on the application of a subsidiary 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 permit the Commissioner or any person authorised by him to act on his behalf at all reasonable times full and free access to accounting and other records of the corporation and permit the Commissioner or such person to make copies of or make extracts from any such accounting or other records.Notice of council meetings
4. For not less than 24 hours ending immediately before a council holds a meeting, it shall cause a notice of its intention to hold the meeting, containing the agenda for the meeting, to be displayed on the notice-board of the management corporation.Subsidiary proprietor’s attendance at council meetings
5. A subsidiary proprietor shall be entitled to attend a meeting of the council but may not address the meeting except with the permission of the council.Acts, etc., of council valid notwithstanding vacancy, etc.
6. Any act or proceeding of a council done in good faith shall, notwithstanding that at the time when the act or proceeding was done, taken or commenced there was —
a vacancy in the office of a member of the council; or
any defect in the appointment, or any disqualification of any such member,be as valid as if the vacancy, defect or disqualification did not exist and the council were fully and properly constituted.THIRD SCHEDULESections 30(5) and 38(1)(l).General Meetings of A Management CorporationGeneral meetings of management corporation1.—
An annual general meeting of a management corporation shall be held in each year on a date not later than 15 months after the holding of the last preceding annual general meeting.(2) A general meeting of a management corporation (referred to in this Schedule as an extraordinary general meeting), which is not an annual general meeting, shall be held whenever it is convened by the council.(3) Notice of a general meeting of a management corporation shall be served on each subsidiary proprietor and first mortgagee of a lot, as ascertained from the strata roll, at least 7 days before the meeting.(4) Every such notice for an annual general meeting shall —
be accompanied by a copy of the statement of accounts of the management corporation last prepared by the management corporation in accordance with section 38(1)(j); and
include a motion for the adoption of those accounts.(5) Every such notice for an annual general meeting or an extraordinary general meeting shall —
specify the place, day and hour for the meeting;
include each proposed resolution to be considered at the meeting;
specify any other business to be transacted at the meeting; and
inform each person to whom the notice is addressed that he may vote in respect of each proposed resolution and, where relevant, on election of members of the council —
in the case of a subsidiary proprietor of a lot subject to a first mortgage shown on the strata roll, only if the mortgagee fails or neglects to exercise the voting power conferred upon him by this Schedule;
except in the case of a unanimous resolution, only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the management corporation from him at the date of the notice (being contributions levied on him, or moneys recoverable from him, in respect of the lot of which he is the subsidiary proprietor or first mortgagee) have been duly paid before the commencement of the meeting; and
either in person or by proxy at the meeting.(6) No motion shall be submitted at a general meeting unless notice of the resolution has been given in accordance with this paragraph.(7) A meeting at which a special or unanimous resolution is to be proposed shall be deemed not to be duly convened by the council if it does not give such notice thereof as is required by this Act in the case of special and unanimous resolutions.Convening of extraordinary general meeting on requisition2.—
A council shall, on the receipt by the secretary of the management corporation of a requisition for an extraordinary general meeting signed by one or more persons entitled to vote in respect of one or more lots, the share value or the sum of the share value of which is at least one-fifth of the aggregate share value of all the lots in the subdivided building, forthwith proceed to convene an extraordinary general meeting of the management corporation to be held as soon as practicable but in any case not later than 6 weeks after the receipt by the secretary of the requisition.(2) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the registered address of the management corporation, and may consist of several documents in like form each signed by one or more requisitionists.(3) If the council does not within 14 days after the date of the deposit of the requisition proceed to convene a meeting, the requisitionist, or any one of them representing more than one-half of the total voting rights of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council convene a meeting, but any meeting so convened shall not be held after the expiration of 3 months from that date.(4) Any reasonable expenses incurred by the requisitionists by reason of the failure of the council to convene a meeting shall be paid to the requisitionists by the management corporation.Persons entitled to vote at general meetings3.—
A person shall be entitled to vote in respect of any lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the council only if he is the subsidiary proprietor of that lot as shown on the strata roll and has paid to the management corporation all contributions and any other moneys levied or recoverable by the management corporation under this Act.(2) Notwithstanding any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot shall be entitled to vote in respect of that lot on any proposals submitted at a general meeting of a management corporation or on any election of members of the council and, if he votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal shall not be counted.(3) The vote of co-proprietors or co-mortgagees may be cast by any of them in person or by a proxy and if both co-proprietors or co-mortgagees are present at a meeting of the management corporation the vote of the senior who casts a vote, whether in person or by a proxy, shall be accepted to the exclusion of the votes of the others; and for this purpose seniority shall be determined by the order in which the names stand in the strata roll.(4) Only the subsidiary proprietor entitled to the first of two or more successive estates in a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the council.(5) A subsidiary proprietor who is the trustee of a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the council and the persons beneficially interested in the trust shall not be entitled to cast such a vote.(6) The voting rights conferred by this paragraph shall be subject to section 49(9) and (10).Quorum4.—
No business shall be transacted at any general meeting of a management corporation unless a quorum of members is present.(2) For the purposes of this paragraph, the number of subsidiary proprietors present at the meeting either in person or by proxy who own not less than one half of share units for all the lots shown on the strata title plan shall form a quorum. If within half an hour appointed for holding a general meeting no quorum of subsidiary proprietors is present, the general meeting, not being a general meeting convened on receipt of a requisition by members, may be held as if a quorum is present if there are two or more subsidiary proprietors present in person.Motions out of order
5. At a general meeting of a management corporation, the chairman may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act or the by-laws or would otherwise be unlawful or unenforceable.Method of casting vote
6. Except as provided in paragraph 3(3), a vote on a motion submitted at a general meeting of a management corporation or on any election of members of the council may be cast by the person entitled to vote, either personally or by his duly appointed proxy.Chairman to preside
7. The chairman of the management corporation shall preside at any general meeting of the management corporation at which he is present and, in his absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect one of their number to preside at that meeting and the person so elected shall, while he is so presiding, be deemed to be the chairman of the management corporation.Chairman to announce names of persons entitled to vote
8. The chairman at any general meeting of the management corporation shall, before submitting a motion to the meeting or the holding of the election of members of the council, announce the names of the persons who are entitled to vote on that motion or at that election.Counting of votes on election of council
9. Each person entitled to vote on an election of members of the council shall have one vote in respect of each lot which he is entitled to vote.Counting of votes on motion10.—
Subject to this paragraph, a motion submitted at a general meeting of a management corporation shall be decided according to the number of votes cast for and against the motion, whether personally, by proxy or in writing, each person entitled to vote having one vote in respect of each lot in respect of which he is entitled to vote.(2) If —
a poll is demanded by any person entitled to vote at a general meeting of a management corporation on a motion submitted at that meeting, whether or not the motion has been decided in accordance with sub-paragraph (1), and the demand is made by that person personally at the meeting; or
a motion submitted at such a meeting is for a resolution which, if it is to be effective, is required by this Act to be a special resolution,the motion shall be decided according to the value, ascertained in accordance with sub-paragraphs (3) and (4), of the votes cast for and against the motion, whether personally, by proxy or in writing.(3) Subject to sub-paragraph (4), for the purposes of sub-paragraph (2) the value of a vote cast on a motion submitted at a general meeting of a management corporation by a person entitled to vote in respect of a lot shall be equal to the share of that lot.(4) For the purposes of sub-paragraph (2), the value of the vote cast by a subsidiary proprietor of a provisional lot shall be one-fourth of the value that, but for this sub-paragraph, his vote would have under sub-paragraph (3), ignoring any fraction.(5) A poll shall be taken in such manner as the chairman thinks fit.(6) A demand for a poll may be withdrawn by the person who made it.Chairman’s declaration of vote
11. The declaration of the chairman of the result of the voting on any proposal submitted at a general meeting of the management corporation, otherwise than on a poll, shall be conclusive without proof of the votes recorded for or against the proposal.General meetings valid if attended only by chairman
12. A general meeting of a management corporation shall, subject to paragraph 4, be validly held notwithstanding that the only person present at the meeting is the chairman of the management corporation.Requisition for motions to be included on agenda for general meeting13.—
Any person entitled to vote at a general meeting of a management corporation may by notice in writing served on the secretary of the council require inclusion in the agenda of the next general meeting of the management corporation (other than a meeting in respect of which notices have already been given under paragraph 1(4)) of a motion set out in the first-mentioned notice and the secretary shall comply with the notice.(2) For the purposes of sub-paragraph (1), a subsidiary proprietor who, but for the existence of a mortgage over his lot, would be entitled to vote at a general meeting of the management corporation shall be deemed to be entitled to vote at that meeting.Amendment or revocation of unanimous or special resolutions
14. A unanimous resolution or special resolution of a management corporation shall not be amended or revoked except by a subsequent unanimous resolution or special resolution, as the case may be.Duties of proprietor until council is elected
15. Until the offices of chairman, secretary and treasurer of the management corporation are filled or until the expiration of the first annual general meeting, whichever first happens, the powers, duties and functions conferred or imposed on the holders of those offices shall be exercised and performed by the proprietor or by his agent duly authorised in writing.Meetings of management corporation before first annual general meeting16.—
Until the first annual general meeting of the management corporation, the secretary of the management corporation may convene an extraordinary general meeting and shall do so on receipt of a requisition signed by one or more persons entitled to vote in respect of one or more lots, the share value or the sum of the share value of which is at least one-quarter of the aggregate share value.(2) The provisions of this Schedule (paragraph 1(1), (2), (3) and (5) excepted) shall apply to and in respect of a meeting referred to in sub-paragraph (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.Company may authorise representative to attend meetings
17. A company which is a subsidiary proprietor may by resolution of its directors or other governing body authorise such person as it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation and a person so authorised shall in accordance with his authority or until his authority is revoked by the company be entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual.Instrument of proxy
18. An instrument appointing a proxy shall be in writing under the hand of the appointer or of his attorney duly authorised in writing or, if the appointer is a company, either under seal or under the hand of an officer or attorney duly authorised. A proxy need not be a subsidiary proprietor. The instrument appointing a proxy shall be deemed to confer authority to demand or join in demanding a poll.Form of proxy for voting for or against a resolution
19. Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit:I/We,.............................................................., of ........................................................ being a member/members of the above-named management corporation, hereby appoint ........................., of ...................................., or failing him, ......................... of ...................................., as my/our proxy to vote for me/us on my/our behalf at the [annual or extraordinary, as the case may be] general meeting of the management corporation, to be held on the ............................ day of ........, 19 ......, and at any adjournment thereof. Signed this .................. day of ...................., 19 .......... . This form is to be used 1in favour of/against the resolution.1 Strike out whichever is not desired. [Unless otherwise instructed, the proxy may vote as he thinks fit.]Proxy to be deposited at registered address of management corporation
20. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed or a notarially certified copy of that power or authority shall be deposited at the registered address of the management corporation, or at such other place in Singapore as is specified for that purpose in the notice convening the meeting, not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote, or, in the case of a poll, not less than 48 hours before the time appointed for the taking of the poll, and in default the instrument of proxy shall not be treated as valid.Authority not to be revoked by death of principal, etc.
21. A vote given in accordance with the terms of an instrument of proxy or attorney shall be valid notwithstanding the previous death or unsoundness of mind of the principal or revocation of the instrument or of the authority under which the instrument was executed, or the transfer of the share in respect of which the instrument is given, if no intimation in writing of such death, unsoundness of mind, revocation, or transfer as aforesaid has been received by the management corporation at the registered office before the commencement of the meeting or adjourned meeting at which the instrument is used.”.