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 STRATA TITLES ACT 1985  (ACT 318)


SECOND SCHEDULE
PROVISIONS FOR MANAGEMENT CORPORATION

(Section 39)
 

  1. Interpretation.

  2. Constitution of council.

  3. Meetings.

  4. Quorum for council meetings.

  5. Delegation of powers and duties.

  6. Power to employ agents and servants.

  7. Proceedings of council.

  8. Annual general meeting.

  9. Extraordinary general meetings.

  10. Notice of general meeting.

  11. Quorum at general meeting.

  12. Chairman of general meeting.

  13. Manner of deciding questions at general meeting.

  14. Proxy.

  15. Voting rights of proprietor.

  16. Voting rights of co-proprietors.

  17. Common Seal.

  18. (Deleted)


1. Interpretation.

In the application of this Schedule to any management corporation, the words -

"corporation" means the management corporation in question; and

"general meeting" 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 this 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.

(2) Where -

(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.

3. Meetings.

The council shall meet at such times and places and at such intervals as it thinks fit:

Provided that 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 date appointed.

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;

(b) three, 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 eleven or twelve members;

(f) seven, where there are thirteen or fourteen members.

(2) Questions 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 duties.

Subject to any restrictions imposed or directions given by the corporation at a general meeting, the council may -

(a) delegate to any one or more of its members the exercise of any of its powers or the  performance of any of its duties; and

(b) revoke the delegation at any time.

6. Power to employ agents and servants.

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 shall -

(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 council.

(5) The council shall within twenty-eight days of a general meeting file with the Director certified true copies of -

(a) the audited accounts of the corporation which has been  presented to the general meeting, if any;

(b) the resolutions passed at the general meeting; and

(c) the minutes of the general meeting.

(6) The council shall permit the Director 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 Director or such persons 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:

Provided that not more then fifteen months shall elapse between the date of one annual general meeting and the next:

And provided 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 general meeting.

(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 share units;

(b) shall convene an extraordinary general meeting upon receiving a direction in writing from the Director for the transaction of such business as the Director may direct; and

(c) may convene an extraordinary general meeting on such other occasion as it thinks fit.

(3) Where the Direction 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 Director.

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 strata roll):

Provided that 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 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.

Every general meeting shall be presided over by a chairman who shall be elected, from among themselves, by those persons present who are entitled to vote.

13. Manner of deciding questions at general meeting.

(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 the resolution.

(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 hand or a poll) the chairman shall be entitled to a casting vote.

14. Proxy.

(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) 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.

Each 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:

Provided that, except where a unanimous resolution is required, no proprietor shall be entitled to vote at a general meeting unless all contributions to the management fund of the corporation in respect of his parcel or provisional block have been duly paid.

16. Voting rights of co-proprietors.

(1) 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 a vote on a show of hands except where a unanimous resolution is required:

Provided that 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:

Provided that, where there is only one member of the corporation, his presence and signature shall be sufficient.

18. (Deleted)

Links: | Part 1 | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII | Part IX | Part IXA | Part X | 1st Schedule | 2nd Schedule | 3rd Schedule | 4th Schedule |

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