Singapore legislation
Clause 6
Clause 6
Amendment of section 65C
Section 65C of the principal Act is amended by deleting subsections (2) to (4) and substituting the following subsections:“(2) The Board may, with the approval of the Minister, carry out general upgrading works within a precinct if it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats within the precinct that 75% or more of the total value in votes of all prescribed owners of all flats within the precinct have been cast in favour of the proposal to carry out those upgrading works.(3) Where the Minister has approved the carrying out of general upgrading works in a precinct under subsection (2), and —
in the case of a building comprising wholly of residential flats — it appears from a poll conducted under subsection (1)(a) of the prescribed owners of flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all flats in the building have been cast in favour of any proposal to carry out any specified upgrading works in the building; or
in the case of a building comprising residential and non-residential flats —
it appears from a poll conducted under subsection (1)(a) of the prescribed owners of residential flats comprised in the building that 75% or more of the total value in votes of all prescribed owners of all such residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising residential flats; and
it appears from another poll conducted under subsection (1)(a) of the prescribed owners of non-residential flats comprised in the same building that 75% or more of the total value in votes of all prescribed owners of all such non-residential flats have been cast in favour of any proposal to carry out any specified upgrading works in the part of the building comprising non-residential flats,the Board may, with the further approval of the Minister, carry out those specified upgrading works in the building within the precinct.(4) Notwithstanding subsection (3), where it appears from the polls referred to in subsection (3)(b) that the minimum percentage of value in votes have been cast in favour of the proposal to carry out any specified upgrading works in a building by the prescribed owners of residential flats in the building but not by the prescribed owners of non-residential flats comprised in that same building, the Board may, with the approvals of the Minister referred to in subsection (3), carry out the specified upgrading works in the part of the building comprising residential flats.(4A) The poll referred to in subsection (3)(b)(ii) shall be conducted in relation to a building if it appears from the poll referred to in subsection (3)(b)(i) that 75% or more of the total value in votes of all prescribed owners of all residential flats in the building have been cast in favour of the proposal to carry out specified upgrading works in the part of the building comprising residential flats, but not otherwise.(4B) No poll shall be invalid by reason of any failure to comply with any provision of this Part or any rules made thereunder relating to the conduct of a poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.(4C) For the purposes of this section, “owner” includes the Board in respect of any flat which the Board has not sold the leasehold interest therein.”.