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Lai Chee Hoe

Lai Chee Hoe

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JMB & MC Series: 10 Most Common Questions Asked During Annual General Meetings

I have been consistently appointed to attend general meetings of the joint management body or management corporation in various development areas and I realise there is still a lack of knowledge when it comes to the meeting procedures and the laws relating to general meeting of a joint management body / management corporation.

For the benefit of our readers, I have summarized some of the more common questions asked during the general meetings and I reproduce them below, in no particular order.

Q1. Can I vote if I have an outstanding in one of the many units I own?

A1. The answer appears to be no by a plain reading of Para 21(2) Second Schedule Strata Management Act 2015.

Para 21(2) of the Second Schedule Strata Management Act 2013 provides that:

“A proprietor shall not be entitled to vote if, on the seventh day before the date of the meeting, all or any part of the Charges, or contribution to the sinking fund, or any other money due and payable to the management corporation in respect of his parcel are in arrears”

However one may argue that when it comes to voting rights, his/her rights attached to the parcel which has no outstanding charges or sinking fund cannot be denied. The right to vote should be retained to the parcels where there is no outstanding.

* In the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act (whether that purpose or object is expressly stated in the Act or not) shall be preferred to a construction that would not promote that purpose or object.

Q2. Can I be elected to the joint management committee or management committee if I have outstanding charges to one of the many units I own?

A2.  A plain reading of Paragraph 2(9)(a) Second Schedule Strata Management Act 2013 again indicates a No.

Notwithstanding subparagraph (7), an individual referred to in that subparagraph shall not be eligible for election as a member of the management committee of a management corporation if, on the seventh day before the date of election”.

(a) where he is a proprietor or co-proprietor of a parcel, all or any part of the Charges, or contribution to the sinking fund, in respect of that parcel are in arrears; or

(c) where he is a member of the immediate family of a proprietor who owns two or more parcels and is nominated for election by that proprietor, all or any part of the Charges, or contribution to the sinking fund, in respect of any parcel are in arrears.

It is interesting to note however that limb (c) provides for 2 or more parcels but not limb (a).

Q3. Can an absent proprietor be nominated and elected as a member of a joint management committee or a management committee?

A3. Yes.  This is supported by paragraph 2(13) Second Schedule of Strata Management Act 2015.

“An absent proprietor shall not be nominated for election as a member of the management committee unless he has appointed a proxy and has given his written consent to be nominated and elected as a member of the management committee.”

Q4. Who should elect the office bearers, Chairman, Secretary and Treasurer of the Joint Management Committee or Management Committee?

A4. The Joint Management Committee and/or the Management Committee at the conclusion of the general meeting can elect the officer bearers but not the parcel owners or the proprietors at the general meeting.

Paragraph 2(5) Second Schedule of the Strata Management Act.

“There shall be a chairman, secretary and treasurer, all of whom shall be natural persons, to be elected by the management committee from among its members immediately after the conclusion of the general meeting but no chairman, secretary or treasurer shall hold office for more than two consecutive years.”

Q5. If a management committee absents from 3 consecutive meetings, does it automatically deemed to have vacated his/her office?

A5. Yes only if it can be proven that no leave in writing from the Chairman was given to him/her for her absence.

Paragraph 3 1(i) of the Second Schedule of Strata Management Act 2013 provides that “ in the case of a member of the management committee other than the chairman, if he absents himself from three consecutive meetings of the management committee without the leave in writing of the chairman;

Q6. Can there be a vacation of office if the Chairman of the joint management committee or management committee absents from 3 scheduled meetings?

A6. Yes. Unless he was given leave by the Joint Management Committee / Management Committee to be absent.

Q7. How do you vote in a general meeting?

A7. By hand unless if a parcel owner / proprietor demands to vote by poll.

Paragraph 17(1) Second Schedule Strata Management Act 2015

“Any matter that requires a decision at a general meeting shall be decided on a show of hands unless a poll is demanded by a proprietor or his proxy.”

Q8. How to decide on matters in a general meeting?

A8. Most of the motions can be decided by a simple majority vote, 51%. There are however provisions in the Strata Management Act 2015 which provides for a special resolution 75% or unanimous resolution, 100%.

Q9. Can I propose a motion to be voted upon at the general meeting itself?

A9. No. It must be by way of a notice in writing deposited with the management office before 7 days of the schedule time for the holding of the meeting.

Paragraph 13(1) of the Second Schedule Strata Management Act 2015

 “Any proprietor may, by notice in writing deposited at the registered office of the management corporation not less than seven days before the time for holding the meeting, require inclusion of a motion as set out in such notice in the agenda of the next general meeting of the management corporation.”

Q10. Do I need to appoint a lawyer to issue letter of demand to defaulters?

A10. Not necessary. You can prepare Form 11 or Form 20 and serve them on the Defaulters.

Download the free Strata Management forms from the BurgieLaw online legal template store.

Form 11
NOTICE TO DEMAND PAYMENT OF SUM DUE BY PURCHASER OR PARCEL OWNER
– for use of a developer of a joint management body

Form 20
NOTICE TO DEMAND PAYMENT OF SUM DUE BY PROPRIETOR
– for use of a management corporation

DISCLAIMER: BurgieLaw is a professional legal services platform and does not provide any legal advice. All legal advice is provided by the lawyer or firm of the choice of the client and BurgieLaw does not recommend or give preference to any lawyers. BurgieLaw shall not be made liable for any legal advice made by the lawyer of the users.

 
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Lai Chee Hoe

Lai Chee Hoe

Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.

 
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