Singapore legislation
Clause 59
of Building Maintenance and Strata Management (Amendment) Bill
Clause 59
Amendment of First Schedule
The First Schedule to the principal Act is amended —
by deleting sub‑paragraph (b) of paragraph 1(3) and substituting the following sub‑paragraphs:“(b)include a motion for each of the following:
for the adoption of the accounts mentioned in sub‑paragraph (a);
to confirm the minutes of the last annual general meeting;
to decide the number of members of the council to be elected;
for the election of members of the council;
to determine the amount to be raised for the management fund and the sinking fund;
to approve the proposed annual budget of the management corporation for the new financial year;
to decide if any matter or type of matter is to be determined only by the management corporation in a general meeting;
for the appointment of an auditor;
(ba)report on the insurance coverage and review the adequacy of the insurance of the management corporation; and”;
by inserting, immediately after the word “given” in paragraph 1(4)(b), the words “, provided the amendment does not change the subject matter of the motion”;
by inserting, immediately after sub‑paragraph (4) of paragraph 1, the following sub‑paragraph:“(4A) A person is not entitled to move a motion unless the person is entitled to vote on the motion.”;
by inserting, immediately after paragraph 1, the following paragraph:“Nomination of candidates for election1A.—
Without prejudice to paragraph 1(2) and (3), every notice for an annual general meeting of a management corporation or subsidiary management corporation must include a call for nominations for members of the council of the management corporation or the executive committee of the subsidiary management corporation, as the case may be.(2) The secretary of the management corporation or subsidiary management corporation or, in the case of the first annual general meeting, the convenor of the meeting, must give notice at the meeting of every nomination received.”;
by inserting, immediately after paragraph 3, the following paragraph:“Adjournment of general meetings3A.—
A general meeting of a management corporation or a subsidiary management corporation may be adjourned for any reason if a motion to adjourn the meeting is passed at the meeting.(2) The person presiding at a general meeting adjourned under sub‑paragraph (1) must fix the time and place the general meeting adjourned is to be resumed.(3) The secretary of the management corporation or subsidiary management corporation (as the case may be) must give notice of the time and place fixed under sub‑paragraph (2) at least 14 days before the time fixed for the resumed meeting, as follows:
by displaying the notice on the notice board of the management corporation or subsidiary management corporation;
by serving the notice on every subsidiary proprietor.”;
by deleting paragraph 5 and substituting the following paragraph:“Manner of voting5.—
A vote at a general meeting of a management corporation or subsidiary management corporation by a person entitled to vote or by a proxy must be cast in person.(2) Where a vote at a general meeting of a management corporation or subsidiary management corporation is required to be cast in person, the vote must be made using voting slips.(3) Every voting slip must —
state each motion submitted at the meeting;
for each motion, state whether an ordinary resolution, special resolution, 90% resolution, unanimous resolution, comprehensive resolution or resolution by consensus is required for the motion to be passed;
enable a voter to indicate the capacity in which the voter is exercising a right to vote and the lot in respect of which the vote is cast —
whether as owner or first mortgagee;
as a company nominee; or
as a proxy; and
enable a voter to cast a written vote for or against each motion or to abstain from voting.”;
by deleting paragraphs 7 and 8 and substituting the following paragraphs:“List of persons entitled to vote7.—
At least 48 hours before the start of a general meeting of a management corporation or subsidiary management corporation, the secretary of the management corporation or subsidiary management corporation (as the case may be) must display or cause to be displayed, in accordance with sub‑paragraph (2), a list containing —
the names of every person entitled to vote at the general meeting; and
the lot or lots in respect of which each of those persons is entitled to vote.(2) The list mentioned in sub‑paragraph (1) must be displayed on the notice board maintained on —
the common property, in the case of a general meeting of a management corporation; or
the limited common property, in the case of a general meeting of a subsidiary management corporation.Election of council or executive committee8.—
At a general meeting of a management corporation or subsidiary management corporation at which the council or executive committee (as the case may be) is to be elected, the chairperson of the general meeting must —
announce the names of the candidates already nominated in writing for election to the council or executive committee in accordance with section 53B; and
call for any oral nominations of persons eligible for election to the council or executive committee (as the case may be).(2) After the chairperson of the general meeting declares that nominations have closed, the management corporation or subsidiary management corporation must decide, in accordance with this Act, the number of members of the council or executive committee (as the case may be).(3) Subject to section 53A, if the number of candidates is the same as, or fewer than, the number of members of the council or executive committee (as the case may be) decided on under sub‑paragraph (2), those candidates must be declared by the chairperson to be, and are taken to have been, elected as the members of the council or executive committee (as the case may be).(4) Each person entitled to vote on an election of members of the council or executive committee has one vote in respect of each lot which he is entitled to vote.(5) To avoid doubt, no poll is required for an election to office as a member of a council or an executive committee.”;
by inserting, immediately after paragraph 10, the following paragraph:“Minutes of general meetings10A. The minutes of every general meeting must contain the following information:
the date, time and place of the meeting;
the names of the subsidiary proprietors present at the meeting;
the names of the subsidiary proprietors who have appointed proxies;
the names of the proxies present at the meeting;
the result of the votes on every motion submitted at the meeting;
the text of every resolution passed at the meeting.”;
by deleting “1(2)” in paragraph 15(2) and substituting “1(3)”;
by deleting the words “or a form as near thereto as circumstances admit” in paragraph 17(2);
by deleting the form in paragraph 17(2) and substituting the following form:“*I/We, ......................................... of being *a member/members of the abovenamed management corporation, appoint ………………..................................................................................................., of ......................................................., as *my/our proxy to attend at the [annual or extraordinary, as the case may be] general meeting of the management corporation or subsidiary management corporation, to be held on ......... 20 ........, and at any adjournment of the meeting and to vote for *me/us on *my/our behalf in the following manner:ResolutionForAgainstAbstain Notes:1. A subsidiary proprietor may direct his or her proxy to vote on the resolution by ticking the desired box (in favour of/against the resolution or abstain from voting) in the above table. An abstain vote will not be counted in the calculation of votes.
2. If the subsidiary proprietor does not indicate his or her voting preference in the above table, the proxy may vote or abstain from voting at the proxy’s discretion, in relation to any matter which is put before the meeting (including any resolution to adjourn the meeting or to amend any resolution proposed at the meeting).
3. This instrument appointing a proxy is void if *I am/we are present at the meeting.Signed on ............................. 20 .......................................................................Signature(s) of subsidiary proprietor(s)..............................................................Signature(s) of proxy*delete whichever is inapplicable”; and
by inserting, immediately after sub‑paragraph (3) of paragraph 17, the following sub‑paragraphs:“(4) The instrument appointing a proxy is void if the person appointing the proxy is present at the meeting.(5) An appointed proxy can only represent a maximum of —
2 lots; or
2% of the total number of lots in the development (rounded down to the nearest whole number),whichever is the higher.(6) In the event an appointed proxy represents more than the maximum mentioned in sub‑paragraph (5), the additional instrument of proxy held is void.”.