Singapore legislation

Clause 103

of Building Maintenance and Strata Management Bill 2004

Clause 103

Order to invalidate proceedings

(1)

Where, pursuant to an application by a subsidiary proprietor or first mortgagee of a lot, a Board considers that the provisions of this Act have not been complied with in relation to a meeting of the management corporation or subsidiary management corporation, the Board may, by order —

(a)

invalidate any resolution of, or election held by, the persons present at the meeting; or

(b)

refuse to invalidate any such resolution or election.

(2)

A Board shall not make an order under subsection (1) refusing to invalidate a resolution or election unless it considers —

(a)

that the failure to comply with the provisions of this Act did not prejudicially affect any person; and

(b)

that compliance with the provisions of this Act would not have resulted in a failure to pass the resolution, or have affected the result of the election, as the case may be.

Clause 103 — Building Maintenance and Strata Management Bill 2004