In the application
of this Schedule to any management corporation, the words-
means the management corporation in question; and
means a general meeting of the corporation.
2. Constitution of council.
(1) Subject to
the provisions of this paragraph and to any rules made under the Act, the
council shall consist of not less than three and not more than fourteen proprietors,
who shall be elected at each annual general meeting and shall cease to hold
office at the next annual general meeting.
(a) the first
annual general meeting has not yet been held; or
(b) there are
not more than three proprietors,
the council shall
consist of all the proprietors.
(3) Except where
the council consists of all the proprietors, the corporation may, at any time,
by resolution at an extraordinary general meeting remove any member of the
council from office and appoint another proprietor in his place to hold office
until the next annual general meeting.
(4) A member
of the council may resign his office at any time in writing under his hand
addressed to the corporation.
(5) Where a vacancy
in the membership of the council occurs otherwise than by operation of subparagraph
(1) or (3), the remaining member may appoint another proprietor to be a member
until the next annual general meeting.
(6) Members of
the council shall be eligible for re-election or re-appointment.
The council shall
meet at such times and places and at such intervals as it thinks fit:
any member of the council may convene a meeting by appointing a date for the
meeting and giving the other members not less than seven days notice of the
4. Quorum for council meetings.
(1) Except where
there is only one proprietor, a quorum at meetings of the council shall be-
(a) two, where
there are not more than four members;
where there are five or six members;
(c) four, where
there are seven or eight members;
(d) five, where
there are nine or ten members;
(e) six, where
there are eleven or twelve members; and
where there are thirteen or fourteen members.
arising at meetings shall be decided by a simple majority vote.
(3) Every meeting
of the council shall be presided over by a chairman who shall be elected from
among themselves by the members of the council present at the meeting and
who shall have a casting as well as an original vote.
(4) Subject to
this paragraph, the council may regulate its own procedure at meetings.
5. Delegation of powers and
Subject to any
restrictions imposed or directions given by the corporation at a general meeting,
the council may-
to any one or more of its members the exercise of any of its powers or the
performance of any of its duties; and
the delegation at any time.
6. Power to employ agents
The council may
employ, for and on behalf of the corporation, such agents and servants as
it thinks fit, in connection with or to facilitate the exercise of the powers
and the performance of the duties of the corporation.
7. Proceedings of council.
(1) The council
shall keep minutes of its proceedings and shall cause minutes to be kept of
its general meetings.
(2) The council
(a) cause proper
books of account to be kept in respect of all sums of money received and
expended by it, specifying the matters in relation to which the receipts
and expenditure took place; and
(b) on the
application of a proprietor or chargee of a parcel or a proprietor of a
provisional block (or any person authorised in writing by him) make the
books of account available for inspection at all reasonable times.
(3) The council
shall prepare for each annual general meeting, proper accounts relating to
all moneys of the corporation and the corporation's income and expenditure.
(4) The accounts
of the corporation shall be audited annually by auditors appointed by the
(5) The council
shall within twenty-eight days of a general meeting file with the
Commissioner certified true copies of-
(a) the audited
accounts of the corporation which has been presented to the general meeting,
(b) the resolutions
passed at the general meeting; and
(c) the minutes
of the general meeting.
(5A) The council shall, within twenty-one days from
the day of holding the annual general meeting, extend copies of the minutes
of the meeting to all proprietors or display the minutes of the meeting on
the notice board of the corporation.
(6) The council
shall permit the Commissioner or any person authorised
by him to act on his behalf, at all reasonable times, full and free access
to accounting and other records of the corporation, and permit the
Commissioner or such person to make copies or
make extracts from any such accounting or other records.
8. Annual general meeting.
(1) The corporation
shall hold an annual general meeting for the consideration of accounts, election
of the council and the transaction of such other business as may arise.
(2) The first
annual general meeting shall be held within one month after the expiry of
the initial period and subsequent annual general meetings shall be held once
in each year:
not more than fifteen months shall elapse between the date of one annual general
meeting and the next:
further that the holding of any annual general meeting out of time in breach
of this paragraph shall not affect the validity of the annual general meeting.
9. Extraordinary general meetings.
(1) A general
meeting other than the annual general meeting shall be known as the extraordinary
(2) The council-
(a) shall convene
an extraordinary general meeting upon a requisition in writing made by the
proprietors who are together entitled to at least one-quarter of the aggregate
(b) shall convene
an extraordinary general meeting upon receiving a direction in writing from
the Commissioner for the transaction of such
business as the Commissioner may direct; and
(c) may convene
an extraordinary general meeting on such other occasion as it thinks fit.
(3) Where the
Commissioner is satisfied that the council has
not been properly constituted, he may authorise in writing any proprietor
to convene an extraordinary general meeting for such purposes as may be approved
by the Commissioner.
10. Notice of general meeting.
Seven days notice
of any general meetings, specifying the place, the date and hour of the meeting
and the general nature of the business to be transacted, shall be given to
every proprietor and every first chargee of a parcel in the building (being
a chargee who has notified his interest to the corporation for entry in the
an accidental omission to comply with this paragraph in respect of a proprietor
or chargee shall not invalidate the proceedings at the meeting.
11. Quorum at general meeting.
(1) One half
of the persons entitled to vote shall constitute a quorum at a general meeting.
(2) If within
half an hour after the time appointed for a general meeting, a quorum is not
present, the meeting shall stand adjourned to the same day in the next week
at the same place and time, and if at the adjourned meeting a quorum is not
present within half an hour after the time appointed for the meeting, those
persons entitled to vote who are present shall constitute a quorum.
12. Chairman of general meeting.
meeting shall be presided over by a chairman who shall be elected, from among
themselves, by those persons present who are entitled to vote.
of deciding questions at general meetings.
(1) A resolution
at a general meeting shall be decided on a show of hands unless a poll is
demanded by a proprietor or his proxy.
(2) Unless a
poll is demanded, a declaration by the chairman that a resolution has been
carried on a show of hands, shall be conclusive evidence of the fact without
proof of the number or proportion of votes recorded in favour of or against
(2A) A proxy shall not be entitled to vote except on
(3) A demand
for a poll may be withdrawn.
(4) Where a poll
is taken, it shall be taken in such manner as the chairman thinks fit, and
the result of the poll shall be deemed to be the resolution of the meeting
at which the poll was demanded.
(5) In the case
of an equality of votes (whether on a show of hands or a poll) the chairman
shall be entitled to a casting vote.
(1) On a show
of hands or poll, votes may be cast either personally or by proxy.
(2) An instrument
appointing a proxy (who need not be a proprietor but
does not include the original proprietor or his agent or servant) shall
be in writing under the hand of the person making the appointment or his attorney,
and may be either general or for a particular meeting.
15. Voting rights of proprietor.
who is not a co-proprietor shall have one vote on a show of hands, and on
a poll shall have such number of votes as that corresponding with the number
of share units or provisional share units attached to his parcel or provisional
block and no proprietor
shall be entitled to vote and to be elected to hold office at a general meeting
unless all contributions to the management fund of the corporation in respect
of his parcel or provisional block has been duly paid.
16. Voting rights of co-proprietors.
may vote by means of a jointly appointed proxy.
(2) In the absence
of a proxy, co-proprietors shall not be entitled to vote on a show of hands
except where a unanimous resolution is required:
any one co-proprietor may demand a poll.
(3) On a poll,
each co-proprietor shall be entitled to such number of the votes attaching
to his parcel or provisional block as is proportionate to his interest in
the parcel or provisional block.
17. Common seal.
The common seal
of the corporation shall not be used except on the authority of the council
previously given and in the presence of at least two members of the council,
who shall sign the instrument to which the seal is affixed:
where there is only one member of the corporation, his presence and signature
shall be sufficient.
(Deleted by Act A951)