Clause 38

This section applies only in relation to a management corporation with more than 3 subsidiary proprietors constituted for a parcel in a strata title plan, whether or not comprising limited common property but consisting of buildings authorised under the Planning Act (Cap. 232) for 2 or more of the following classes of use:

residence;

office;

commercial (other than as an office), such as a shop, food establishment or theatre;

boarding premises, such as a hotel, serviced apartment or nursing home;

a prescribed purpose.(2) Subject to this section, in the case of a management corporation of a mixed‑use development mentioned in subsection (1), there must be reserved for each class of use mentioned in that subsection and authorised for that development under the Planning Act, at least one office as member of the council of that management corporation (called in this Act a reserved council office).(3) Despite section 53(6) and without prejudice to section 53(7), (8), (9), (9A) and (9B), a person is ineligible for election or re‑election under section 53 to a reserved council office for a particular class of use if the person —

is not a subsidiary proprietor of a lot in that development authorised for that class of use; and

is not a nominee of a subsidiary proprietor in paragraph (a).(4) Where at the close of nominations at a general meeting for a reserved council office, only one person eligible for election to that office is nominated for that office, that person is deemed elected to that reserved council office without voting.(5) However, where at the close of nominations at a general meeting for a reserved council office, no person eligible for election to that office is nominated, then that office ceases to be a reserved council office; and an election to that office is not subject to this section.(6) Where at the close of nominations at a general meeting for a reserved council office, more than one person eligible for election to that reserved council office is nominated (called in this section a candidate), the matter must be put to a vote, and the candidate to whom the greatest number of votes is given at the election must be declared elected to that reserved council office.(7) The remaining offices in the council that are not reserved must be filled —

firstly from among the candidates not declared elected to any reserved council seat after a vote is taken at the election (called in this section an unsuccessful candidate); and

on the basis of the number of votes they received at the same election in the following order of priority — by the unsuccessful candidate receiving the highest votes being placed first and other unsuccessful candidates being placed in descending order according to votes received by them.(8) When, after the counting of votes cast for the candidates is completed, an equality of votes is found to exist between any candidates, and the addition of a vote would entitle any of the candidates to be declared elected to an office of a council, the determination of the candidate to whom the one additional vote is to be treated as being given must, unless one of the candidates withdraws from the election, be made by drawing lots in such manner as the person presiding at the general meeting determines.Nomination of candidates for election as member53B.—

A nomination of a person for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation, is of no effect if subsections (2), (3) and (4) are not complied with for that nomination.(2) Only a subsidiary proprietor, or a person entitled to vote at a general meeting of a management corporation or subsidiary management corporation, may nominate a person for election as a member of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be.(3) A nomination for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation —

may be oral or in writing;

must —

if oral, be made at the general meeting of the management corporation or subsidiary management corporation for the purposes of the election; or

if in writing, be given at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; and

must state —

the name of the person nominated (called in this Act the candidate); and

the name of the person making the nomination (who may or may not be the candidate).(4) A nomination, whether oral or made in writing, made for the purposes of an election at a general meeting of a management corporation or subsidiary management corporation, is effective only if it is accompanied by the consent of the candidate —

given in writing at least 48 hours before the start of the meeting at which the election is to be held to the secretary of the management corporation or subsidiary management corporation, or to the convenor of the meeting in the case of the first annual general meeting; or

given orally at the meeting.(5) Any consent by a candidate for election to be a member of the council of a management corporation or the executive committee of a subsidiary management corporation may be effectively withdrawn only by the candidate in person at the general meeting and before the election at the general meeting starts.”.