Councils

Definition

The council (S53(1))

  • Consist of number of members as determined by Management Corporation but shall not exceed 14
  • Elected at each AGM and retire after conclusion of the next AGM
  • A person shall not be eligible for election as member unless he is:
    • A Subsidiary Proprietor
    • Nominated for election by Subsidiary Proprietor who is a company
    • Immediate family of Subsidiary Proprietor
  • A Subsidiary Proprietor owning 2 or more lots of subdivided building or has nominated an individual as a candidate for election shall not be entitled to nominate other individual for election
  • Where no council exist, subdivided building will be administered by Management Corporation
 

Duties

  • Disclose any direct or indirect interest in a contract or proposed contract with the Management Corporation (S 60)
  • Shall not use his position as member of council to gain directly or indirectly an advantage for himself (S 67 (2))
  • Shall not make decision before notice in writing is given to the secretary of the council by Subsidiary Proprietor (S 58 (3))
  • Not withstanding the council holds office, Management Corporation may in General Meeting continue to exercise/perform all of the power/duties (S 58 (2))
  • Declaration of any office or property possessed which might create conflict of interest with his duties or interest as member of council (S 60 (5))

For detailed duties and responsibilities of the chairperson, secretary and treasurer of council, refer to BMSMA 2004 S(55), S(56), S(57).

 

Vacation of office (LTSA 61)
A member of council shall vacate his office as such member if:

  • Cease to be a Subsidiary Proprietor
  • A nominee of a Subsidiary Proprietor, where the Subsidiary Proprietor who nominated him:
    • Notify the Management Corporation that his office as member of council is vacated
    • Cease as Subsidiary Proprietor
  • Fail to attend 3 consecutive meetings of the council
  • Resign as member of council
  • Upon election of next AGM
  • Removed by Management Corporation by Ordinary Resolution
  • Deceased, or becomes mentally disordered person
  • Convicted by a court in Singapore or elsewhere of an offence involving fraud or dishonesty

Updated January 2006