Building (Strata Management) Act 2004 · 2020 Revised Edition · Schedules
Schedule 1 · General meetings of management corporations and subsidiary management corporations
Feedback & supportFIRST SCHEDULESections 27(3), 29(1)(h), 80(2) and 135(1)General meetings of management corporations and subsidiary management corporationsDefinitions1.—
In this Schedule —“electronic means” means electronic communication, video conferencing, teleconferencing or other electronic means;“virtual meeting technology” means any technology that allows a person to participate in a meeting without being physically present at the place of meeting.
In this Schedule, where a general meeting of a management corporation or subsidiary management corporation is held (whether wholly or partly) using virtual meeting technology, a person who attends the meeting using virtual meeting technology is to be treated as being present if the person —
management corporation
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
is able to participate in the proceedings of the meeting using the virtual meeting technology provided to the person;
is verified as attending the meeting in the manner specified in sub‑paragraph (a) by —
the secretary of the council of the management corporation or the executive committee of the subsidiary management corporation (as the case may be); or
council
“council”, in relation to a management corporation, means the council of that management corporation;
a person appointed by the council of the management corporation or the executive committee of the subsidiary management corporation (as the case may be) to verify the quorum; and
executive committee
“executive committee”, in relation to a subsidiary management corporation, means the executive committee of that subsidiary management corporation;
is acknowledged by electronic means by the chairperson of the meeting as attending the meeting.[S 406/2023 wef 01/07/2023]Notice of general meetings1A.—
Except as otherwise expressly provided in this Act, notice of a general meeting of a management corporation or subsidiary management corporation must be served on each subsidiary proprietor who is a member thereof and on the first mortgagee of a lot, as ascertained from the strata roll, at least 14 days before the meeting.
subsidiary management corporation
“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;
Every notice for a general meeting must —
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;
if the notice is to a subsidiary proprietor or first mortgagee who has not previously been given a copy of the minutes of the latest general meeting and who has not, before the notice is given, made a request for a printed copy of those minutes —
subsidiary proprietor
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
be accompanied by a printed copy of those minutes; or
include the address of an online location at which the minutes of the latest general meeting are published;[S 406/2023 wef 01/07/2023]
if the notice is to a subsidiary proprietor or first mortgagee who has, before the notice is given, made a request for a printed copy of the minutes of the latest general meeting that has not been complied with — be accompanied by a printed copy of those minutes; and[S 406/2023 wef 01/07/2023]
inform each person to whom the notice is addressed that the person may vote in respect of each proposed resolution and, where relevant, on election of members of the council or executive committee (as the case may be) —
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 the mortgagee by this Schedule;
lot
“lot” means any stratum within a parcel comprised in a strata title plan and which —(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;
except in the case of a unanimous resolution or resolution by consensus, only if all contributions levied and payable on the lot, and any other moneys recoverable under this Act by the management corporation from the person at the date of the notice (being contributions levied on the person, or moneys recoverable from the person, in respect of the lot of which the person is the subsidiary proprietor or first mortgagee) have been duly paid at least 3 days before the commencement of the meeting; and
either in person or by proxy at the meeting.
Where a general meeting is to be held (whether wholly or partly) using virtual meeting technology, every notice for the general meeting, in addition to complying with sub-paragraph (2) —
must describe the means by which the general meeting can be accessed using the virtual meeting technology (including the online location, if the general meeting is to be held at an online location); and
must state how each person to whom the notice is addressed may, if present at the general meeting using virtual meeting technology, vote by electronic means.[S 406/2023 wef 01/07/2023]
Where a general meeting is to be held wholly using virtual meeting technology, the requirement that every notice for the general meeting must specify the place for the meeting under sub-paragraph (2)(a) does not apply.[S 406/2023 wef 01/07/2023]
Without affecting sub-paragraph (2), every notice for an annual general meeting of a management corporation or subsidiary management corporation must —
either —
be accompanied by a printed copy of the statement of accounts of the management corporation or subsidiary management corporation (as the case may be) last prepared in accordance with section 38(10) and a printed copy of the auditor’s report on the accounts of the management corporation or subsidiary management corporation; or
include the address of an online location at which the statement of accounts of the management corporation or subsidiary management corporation (as the case may be) last prepared in accordance with section 38(10) and the auditor’s report on the accounts of the management corporation or subsidiary management corporation are published;[S 406/2023 wef 01/07/2023]
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;
report on the insurance coverage and review the adequacy of the insurance of the management corporation; and
include a motion for the termination of any managing agent or for the continuation of the managing agent for the next ensuing financial year.
managing agent
“managing agent” means a managing agent appointed under this Act;
Where the address of an online location is included in a notice of a general meeting under sub-paragraph (2)(d)(ii) or (3)(a)(ii), a printed copy of the minutes mentioned in sub-paragraph (2)(d)(ii) or the statement of accounts and auditor’s report mentioned in sub-paragraph (3)(a)(ii) (as the case may be) must be sent without charge to any subsidiary proprietor or first mortgagee of a lot who, at least 48 hours before the time at which the meeting is to be held, requests for such a printed copy.[S 406/2023 wef 01/07/2023]
A motion must not be submitted at a general meeting unless —
notice of the motion has been given in accordance with this paragraph; or
the motion is a motion to amend a motion of which notice has been so given, provided the amendment does not change the subject matter of the motion.
A person is not entitled to move a motion unless the person is entitled to vote on the motion.
A meeting at which a motion for a unanimous resolution, resolution by consensus, 90% resolution, comprehensive resolution or special resolution is to be proposed is deemed not to be duly convened by the council if it does not give such notice thereof as is required by section 2(2) to (7) in the case of a unanimous resolution, resolution by consensus, 90% resolution, comprehensive resolution or special resolution, as the case may be.
Despite sub-paragraph (1), if so directed by the management corporation or subsidiary management corporation by a special resolution, a resolution may be proposed and passed at a meeting of which written notice of a period less than that required under sub‑paragraph (1) has been given.[S 406/2023 wef 01/07/2023][Act 23 of 2023 wef 18/12/2023]Nomination of candidates for election1B.—
Without affecting paragraph 1A(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.[S 406/2023 wef 01/07/2023]
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.[S 406/2023 wef 01/07/2023][Act 23 of 2023 wef 18/12/2023]Method of holding meetings1C.—
Except as provided in sub-paragraph (2), a general meeting of a management corporation or subsidiary management corporation may be held —
at a physical place;
at a physical place and using virtual meeting technology; or
using virtual meeting technology only.
Despite sub-paragraph (1) —
a general meeting of a management corporation or subsidiary management corporation must not be held using virtual meeting technology only, unless all of the members who wish to participate at the meeting have access to the virtual meeting technology needed to participate in the meeting; and
a general meeting of a management corporation or subsidiary management corporation must not be held using virtual meeting technology only, if the management corporation or subsidiary management corporation has decided, by ordinary resolution —
that the meeting must be held at a physical place or at a physical place and using virtual meeting technology; or
that each general meeting of the management corporation or subsidiary management corporation must be held at a physical place or at a physical place and using virtual meeting technology.[S 406/2023 wef 01/07/2023]Persons entitled to vote at general meetings2.—
A person is 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, or at a general meeting of a subsidiary management corporation or on any election of its executive committee, only if —
in the case of a management corporation, the person is the subsidiary proprietor or a mortgagee in possession or a receiver 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; or
strata roll
“strata roll”, in relation to any subdivided building shown on a strata title plan, means the roll mentioned in section 46 which relates to that plan;
in the case of a subsidiary management corporation, the person is the subsidiary proprietor (or a mortgagee in possession or a receiver) of a lot who is a member of that subsidiary management corporation and has paid to the subsidiary management corporation all contributions and any other moneys levied or recoverable by the subsidiary management corporation under this Act.
Despite any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot is entitled to vote in respect of that lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the council, or at a general meeting of a subsidiary management corporation or on any election of its executive committee, and, if the first mortgagee votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal must not be counted.
The vote of joint subsidiary proprietors or co-mortgagees may be cast by any of them in person or by a proxy and if both joint subsidiary proprietors or co‑mortgagees are present at a meeting of the management corporation or subsidiary management corporation (as the case may be), the vote of the senior who casts a vote, whether in person or by a proxy, is to be accepted to the exclusion of the votes of the others; and for this purpose, seniority is determined by the order in which the names stand in the strata roll.
Only the subsidiary proprietor entitled to the first of 2 or more successive estates in a lot is, subject to this Schedule, 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; or
a subsidiary management corporation or on any election of its executive committee.
A subsidiary proprietor who is the trustee of a lot is, subject to this Schedule, 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; or
a subsidiary management corporation or on any election of its executive committee,and the persons beneficially interested in the trust are not entitled to cast such a vote.
The voting rights conferred by this paragraph are subject to section 65(9) and (10).Quorum3.—
No business may be transacted at any general meeting of a management corporation or subsidiary management corporation unless a quorum of subsidiary proprietors is present.
A quorum is formed at any general meeting of a management corporation or subsidiary management corporation constituted in respect of a strata title plan when the number of subsidiary proprietors who own at least —
strata title plan
“strata title plan” has the meaning given by the Land Titles (Strata) Act 1967;
30% of the aggregate share value for all lots comprised in that strata title plan; or
in the case of a subsidiary management corporation constituted for any limited common property, 30% of the aggregate share value for all lots for whose exclusive benefit the limited common property is designated,are present at the meeting, either in person or by proxy.
limited common property
“limited common property” means such part of the common property in a parcel that is —(a)in the case of common property to be comprised in a strata title plan — designated in the sale and purchase agreement of any proposed lot in the parcel for the exclusive benefit of the purchasers of 2 or more (but not all) of those proposed lots in the parcel; or(b)in the case of common property comprised in a strata title plan — designated in the strata title plan or a comprehensive resolution mentioned in section 78(2) for the exclusive benefit of the subsidiary proprietors of 2 or more (but not all) lots in that strata title plan,but does not include —(c)the foundations, columns, beams, supports, walls, roofs of, and any window installed in any external wall of, any building within that parcel, whether or not they are comprised in any lot or proposed lot;(d)any chute, pipe, wire, cable, duct and other facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating and cooling systems, or other similar services, not comprised in any lot or proposed lot and necessary for the common use of the occupiers of all lots or proposed lots in that parcel; and (e)all other windows of a lot or proposed lot that are located on any exterior wall of the lot or proposed lot;
Subject to sub-paragraph (4), if within half an hour appointed for holding a general meeting of a management corporation or subsidiary management corporation, no quorum of subsidiary proprietors of the management corporation or subsidiary management corporation (as the case may be) is present, the general meeting may be held as if a quorum is present if there are 2 or more such subsidiary proprietors present in person.
Sub-paragraph (3) does not apply to a general meeting convened on receipt of a requisition by subsidiary proprietors.Adjournment of general meetings3A.—
A general meeting of a management corporation or subsidiary management corporation may be adjourned for any reason if a motion to adjourn the meeting is passed at the meeting.
The person presiding at a general meeting adjourned under sub-paragraph (1) must fix —
the time at which the adjourned meeting is to be resumed;
unless the adjourned meeting is to be held wholly using virtual meeting technology, the place at which the adjourned meeting is to be resumed; and
if the adjourned general meeting is to be held, wholly or partly, using virtual meeting technology, the manner by which the resumed general meeting is to be electronically accessed (including the online location, if the meeting is to be held at an online location).[S 406/2023 wef 01/07/2023]
The secretary of the management corporation or subsidiary management corporation (as the case may be) must give notice of the matters 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.[S 406/2023 wef 01/07/2023]Motions out of order
4. At a general meeting of a management corporation or subsidiary management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if the chairperson considers that the motion, if carried, would conflict with this Act or the by‑laws or would otherwise be unlawful or unenforceable.Manner of voting5.—
Subject to paragraph 5A, 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.[S 406/2023 wef 01/07/2023]
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.
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;
owner
“owner” includes an owner developer and —(a)in relation to a building — means the person for the time being receiving the rent of the building, whether on the person’s own account or as agent or trustee or as receiver, or who would receive the same if the building were let to a tenant;(b)in relation to any common property or limited common property not comprised in a strata title plan — means the person receiving any rent or charge for the maintenance of that common property or limited common property, and includes every person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960 as owner of that common property or limited common property; or(c)in relation to any common property or limited common property comprised in a strata title plan — means the management corporation or subsidiary management corporation (as the case may be) having control of the common property or limited common property;
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.Voting by electronic means5A. Where a general meeting of a management corporation or subsidiary management corporation is held, wholly or partly, using virtual meeting technology, a vote by a person entitled to vote or by a proxy may be cast by electronic means but only if all the following are satisfied:
the person is present at the meeting;
the electronic voting system used is capable of accurately counting all votes cast for and against any proposal submitted at the meeting;
the electronic voting system used is capable of providing records from which the operation of the electronic voting system may be audited and for verification of the accuracy of the recording and counting of votes;
the chairperson must, during the meeting, declare the result of the voting by electronic means on any proposal submitted at the meeting;
in respect of a meeting at which the council or executive committee (as the case may be) is to be elected, the chairperson of the meeting must ensure that his or her declaration of the voting results of the election of the members of the council or executive committee (as the case may be) is recorded in the form of either an audio recording or audiovisual recording.[S 406/2023 wef 01/07/2023]Chairperson to preside
6. The chairperson of the management corporation or subsidiary management corporation presides at any general meeting of the management corporation or subsidiary management corporation (as the case may be) at which he or she is present and, in the chairperson’s 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 is, while he or she is so presiding, deemed to be the chairperson of the management corporation or subsidiary management corporation, as the case may be.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.
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
common property
“common property”, subject to subsection (9), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof;Examples(a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.(b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.(c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.(d)A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.(e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
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.
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.
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.
Each person entitled to vote on an election of members of the council or executive committee has one vote in respect of each lot in respect of which the person is entitled to vote.
To avoid doubt, no poll is required for an election to office as a member of a council or an executive committee.Counting of votes on motion9.—
Subject to this paragraph, a motion submitted at a general meeting of a management corporation or subsidiary management corporation (as the case may be) is to be decided according to the number of votes cast for and against the motion, whether personally or by proxy, each person entitled to vote having one vote in respect of each lot in respect of which that person is entitled to vote unless a poll is demanded by any person entitled to vote at the general meeting before a vote is taken as aforesaid.
If —
a poll is demanded by any person entitled to vote at a general meeting of a management corporation or subsidiary management corporation (as the case may be) on a motion submitted at that meeting 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 or 90% resolution,the motion is to 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 or by proxy.
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 or subsidiary management corporation (as the case may be) by a person entitled to vote in respect of a lot is equal to the share value of that lot.
For the purposes of sub-paragraph (2), the value of the vote cast by a subsidiary proprietor of a proposed lot is 25% of the value that, but for this sub‑paragraph, the subsidiary proprietor’s vote would have under sub‑paragraph (3), ignoring any fraction.
proposed lot
“proposed lot” means any stratum in a development on a parcel to be comprised in a strata title plan and which —(a)is intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is to be shown as a lot on the strata title plan for that development;
A poll must be taken in the manner the chairperson thinks fit.
A demand for a poll may be withdrawn by the person who made it.Chairperson’s declaration of vote
10. The declaration of the chairperson of the result of the voting on any proposal submitted at a general meeting of the management corporation or subsidiary management corporation (as the case may be), otherwise than on a poll, is conclusive without proof of the votes recorded for or against the proposal.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.[S 406/2023 wef 01/07/2023]
In addition to sub-paragraph (1), if the general meeting was held using virtual meeting technology (whether wholly or partly), the minutes must —
state that fact;
state the virtual meeting technology used; and
in respect of each person who was present at the general meeting using virtual meeting technology, state the fact that the person was present using virtual meeting technology.[S 406/2023 wef 01/07/2023]
Where a general meeting was held wholly using virtual meeting technology, the requirement that the minutes of the meeting must specify the place for the meeting under sub-paragraph (1)(a) does not apply.[S 406/2023 wef 01/07/2023]General meetings valid if attended only by chairperson
11. A general meeting of a management corporation or subsidiary management corporation (as the case may be) is, subject to paragraph 3, validly held even though the only person present at the meeting is the chairperson of the management corporation or subsidiary management corporation, as the case may be.Requisition for motions to be included on agenda for general meeting12.—
Any subsidiary proprietor may, by written notice served on the secretary of the council of the management corporation or subsidiary management corporation (as the case may be), require inclusion in the agenda of the next general meeting of the management corporation or subsidiary management corporation (as the case may be) of a motion set out in the firstmentioned notice and the secretary must comply with the notice.
The secretary of the council must give effect to every requirement in every notice under sub‑paragraph (1).
Sub-paragraph (1) does not require the inclusion of a motion on the agenda of a general meeting for which notices have already been given in accordance with this Schedule, but in that case, the secretary of the council must include the motion in the agenda of the next general meeting after that.
For the purposes of sub-paragraph (1), a subsidiary proprietor who, but for the existence of a mortgage over the subsidiary proprietor’s lot, would be entitled to vote at a general meeting of the management corporation or subsidiary management corporation (as the case may be) is deemed to be entitled to vote at that meeting.
Any person proposing to convene a general meeting of a management corporation or subsidiary management corporation must take reasonable steps to ensure that —
the proposed day and time of the proposed general meeting;
unless the proposed general meeting is to be held wholly using virtual meeting technology, the place of the proposed general meeting; and
if the proposed general meeting is to be held, wholly or partly, using virtual meeting technology, the type of virtual meeting technology to be used for the proposed general meeting,are reasonably convenient to a majority of the subsidiary proprietors of the management corporation or subsidiary management corporation, as the case may be.[S 406/2023 wef 01/07/2023]Amendment or revocation of unanimous or special resolutions
13. A unanimous resolution, resolution by consensus, comprehensive resolution, 90% resolution or special resolution of a management corporation must not be amended or revoked except by a subsequent unanimous resolution, resolution by consensus, comprehensive resolution, 90% resolution or special resolution, as the case may be.Convening of extraordinary general meeting on requisition14.—
The council of a management corporation or the executive committee of a subsidiary management corporation must, on receipt by the secretary thereof 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 total share value of which is at least 20% of the aggregate share value of all the lots whose subsidiary proprietors comprise the management corporation or subsidiary management corporation, as the case may be; or
not less than 25% of the total number of subsidiary proprietors of the lots whose subsidiary proprietors comprise the management corporation or subsidiary management corporation, as the case may be,immediately proceed to convene an extraordinary general meeting of the management corporation or subsidiary management corporation (as the case may be) 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.
The requisition must state the objects of the meeting and must be signed by the requisitionists and deposited at the registered address of the management corporation and subsidiary management corporation, and may consist of several documents in like form each signed by one or more requisitionists.
If the council or executive committee (as the case may be) does not within 14 days after the date of the deposit of the requisition proceed to convene a meeting, the requisitionists, or any one of them representing more than 50% 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 or executive committee, convene a meeting, but any meeting so convened must not be held after the expiry of 3 months from that date.
Any reasonable expenses incurred by the requisitionists by reason of the failure of the council or executive committee to convene a meeting must be paid to the requisitionists by the management corporation or subsidiary management corporation, as the case may be.Meetings of management corporation, etc., before first annual general meeting15.—
Until the first annual general meeting of the management corporation or subsidiary management corporation is held, the secretary of the management corporation or subsidiary management corporation (as the case may be) or, in a situation where there is no council or executive committee appointed as yet, the owner developer or the owner developer’s agent duly authorised in writing —
owner developer
“owner developer” means any person who, immediately before the constitution of a management corporation for any parcel comprised in a strata title plan, is registered as the proprietor of the parcel shown in the strata title plan, and includes any administrator, executor, mortgagee in possession, liquidator, successor in title or assign of such person;
may convene an extraordinary general meeting; and
must do so on receipt of a requisition signed by one or more persons entitled to vote in respect of one or more lots in the strata title plan, the share value or the sum of the share value of which is at least 25% of the aggregate share value of —
all lots comprised in that strata title plan; or
in the case of a subsidiary management corporation constituted for any limited common property, all lots for whose exclusive benefit the limited common property is designated.
The provisions of this Schedule (except for paragraph 1A(3)) apply to and in respect of a meeting mentioned in sub‑paragraph (1) so far as those provisions are not inconsistent with, or incapable of applying to, such a meeting.[S 406/2023 wef 01/07/2023]Company may appoint representative to attend meetings
16. A company which is a subsidiary proprietor may under the seal of the company or the hand of its director or any duly authorised attorney appoint any person it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation or subsidiary management corporation, and a person so authorised is, in accordance with the person’s authority or until the person’s authority is revoked by the company, entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual.Instrument of proxy17.—
An instrument appointing a proxy must be in writing —
under the hand of the person appointing the proxy or of the person’s attorney duly authorised in writing; or
if the person appointing the proxy is a company, either under seal or under the hand of an officer or its attorney duly authorised.
Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy must be in 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 the subsidiary proprietor’s 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 the subsidiary proprietor’s 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(3) The instrument appointing a proxy is deemed to confer authority to demand or join in demanding a poll.
The instrument appointing a proxy is void if the person appointing the proxy is present at the meeting.
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.
development
“development” means any parcel on which any building is being or to be constructed;
In the event an appointed proxy represents more than the maximum mentioned in sub‑paragraph (5), the additional instrument of proxy held is void.Submission of instrument of proxy18.—
The instrument appointing a proxy and the power of attorney or other authority (if any) under which the instrument is signed, or a notarially certified copy of that power or authority, must, within the time specified in sub-paragraph (2) —
be deposited —
at the registered address of the management corporation or subsidiary management corporation, as the case may be; or
at such other place in Singapore as is specified for that purpose in the notice convening the meeting; or
be sent by electronic mail to an electronic mail address of the management corporation or subsidiary management corporation (as the case may be) specified for that purpose in the notice convening the meeting or fixing the adjourned meeting.
The time mentioned in sub-paragraph (1) is the following:
in the case of a poll, at least 48 hours before the time appointed for the taking of the poll;
in any other case, at least 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote.
An instrument of proxy that is not submitted in accordance with sub-paragraph (1) is not to be treated as valid.[S 406/2023 wef 01/07/2023]Powers of proxies19.—
A proxy need not be a subsidiary proprietor.
Subject to sub-paragraph (3), a person duly appointed as a proxy —
if entitled to vote otherwise as a proxy, may also vote in the person’s own right; and
if appointed as proxy for more than one person, may vote separately as a proxy in each case.
A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on the matter.Authority not to be revoked by death of principal, etc.
20. A vote given in accordance with the terms of an instrument of proxy or attorney is valid despite the previous death or mental disorder 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, mental disorder, revocation or transfer as aforesaid has been received by the management corporation or subsidiary management corporation (as the case may be) at the registered office before the commencement of the meeting or adjourned meeting at which the instrument is used.[21/2008; 35/2017]