Strata Management Guide : 3


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S T R ATA MANAGEMENT
GUIDE : 3
Preparation for a General Meeting

Building and Construction Authority

Preamble

This series of Strata Management Guides published by the Building and Construction Authority (BCA) is intended to help councils of the management corporations (MCs), subsidiary proprietors (SPs), council members and managing agents (MAs) better manage their estates. The guide will include recommended procedures and good practices to address common issues (e.g. how to conduct a general meeting and how to requisition a motion). The guide is aimed at providing a consistent approach and standard for the strata community to facilitate better self-regulation.

Disclaimer
This guide has been prepared to provide practical information on the BMSMA and Regulations made under the BMSMA (Regulations). This guide :
•  Does not provide a legal interpretation of provisions in the Act or Regulations; and •  Is not a substitute for independent legal advice. Readers should seek professional legal advice if they need to determine specific legal rights and duties applicable to them. The Commissioner of Buildings, BCA or any agency stated in this guide shall not be liable for any reliance on or misinterpretation of any information contained in this guide by any person.
Copyright
The contents of this guide are protected by copyright and other forms of proprietary rights. All rights, title and interest in the contents are owned by, licensed to or controlled by BCA and shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of BCA. Modification of any of the contents or use of the contents for any other purpose will be a violation of BCA’s copyright and other intellectual property rights.
Important Notice: Readers must not rely on this guide for legal advice.

First published in March 2019
Abbreviations
AGM BMSMA BM(SM) REGULATIONS MA MCST MC SP

Annual General Meeting Building Maintenance and Strata Management Act Building Maintenance (Strata Management) Regulations 2005 Managing Agent Management Corporation Strata Title Management Corporation Subsidiary Proprietor

2 | Preparation for a General Meeting

Content

Building and Construction Authority

Preamble

(1) Introduction

4

(2) Calling for The Meeting

5

(3) Asking for a Motion to be Included in the Agenda

of an Upcoming General Meeting

9

(4) Documents to Prepare

10

(5) Notice Period

12

(6) Methods of Sending Agenda Notice

of General Meeting

13

Annex A

16

Icons in this guide Good Practice

Example

Preparation for a General Meeting | 3

Building and Construction Authority
01
Introduction
1.1 The annual general meeting (AGM) of the management corporation (MC) is an important event as it allows all subsidiary proprietors (SPs) to participate in the discussion and decision making of the estate. At each AGM, all SPs are entitled to decide on important matters such as the election of management council, setting of the maintenance contributions, selection of vendors, review of vendors’ services, and any matters tabled for discussion. Given the significance, all SPs should make an effort to attend such general meetings personally and be involved in the affairs of the estate.
1.2 It is necessary to ensure that there is sufficient preparation before a general meeting is convened. Some examples of preparation include sending out the notice of the agenda within the statutory timeframe1 and obtaining financial statements from the appointed auditors punctually.
1  For example, the BMSMA requires a general meeting to be held only on the 15th day or later after the notice of general meeting is served on the SPs.
4 | Preparation for a General Meeting

02
Calling for The Meeting

Building and Construction Authority

First Annual General Meeting
(Section 26 of the BMSMA) 2.1 The developer must hold the AGM in accordance with the requirements below:
EITHER:
a) Within 13 months after the date of constitution of the MC2.

Example 16 April 2018

16 April 2019

16 May 2019

Initial Period

1 month

Date of constitution of MCST

End of initial 12-month period

Latest date to hold 1st AGM

OR
b) If there is a written request from SPs. SPs have the right to send a written request to the developer to convene the first AGM. However, the requisition can only be made by a registered SP to whom the developer has transferred the ownership of the unit to [i.e. Subsidiary Strata Title Certificate (SSCT)3] has

2 The initial period starts on the constitution date of the MCST and can last for a maximum period of 12 months. The initial period can end earlier if the first AGM is conducted before the 12 months are up.
3 U pon registration of the Transfer, the Subsidiary Strata Certificate of Title (SSCT) issued for the unit will reflect the name of the owner as the registered subsidiary proprietor. Preparation for a General Meeting | 5

Building and Construction Authority
already been issued to the name of the SP). The developer must then convene the first AGM within 8 weeks upon receiving the written request. The request can only be made by SPs who together hold at least 10% of the total number of strata lots in the development.

Example

16 April 2018

31 July 2018

25 September 2018

8 weeks commencing after 31 July 2018

Date of constitution of MCST

Receipt of requisition to convene 1st AGM

Latest date to hold 1st AGM

2.2 If the developer fails to hold the first AGM within the stipulated time frame, any SP or mortgagee in possession of any lot in the MC may apply to the Commissioner of Buildings to appoint a person to convene the first AGM.
Annual General Meeting Other Than the First Annual General Meeting
(Section 27 of the BMSMA) 2.3  The MC must hold an AGM in every calendar year. However, the period between
two AGMs held in two separate calendar years cannot exceed 15 months.

Example 1 16 April 2018

16 July 2019

15 months commencing from 17 April 2018 to 16 July 2019

Date of constitution of MCST
6 | Preparation for a General Meeting

Latest date to hold next AGM

Example 2 16 November 2018

Building and Construction Authority
Although 16 February 2020 is 15 months from 16 November 2018, the next AGM cannot fall beyond the calendar year of 2019 because the MCST must hold at least one (1) AGM every calendar year. 31 December 2019 16 February 2020

15 months commencing from 16 November 2018 to 16 February 2020

Date of preceding AGM

Latest date to hold next AGM

AGM cannot be held on 16 Feb 2020

Date of the next AGM cannot fall beyond the calendar year of 2019. Therefore, the next AGM must be held on or before 31 December 2019.

Extraordinary General Meeting
(Section 27(2) of the BMSMA and Paragraph 14 of First Schedule to the BMSMA) 2.4 In addition to an AGM, an MC may hold general meetings during the course of a
year. These meetings are known as Extraordinary General Meetings (EOGMs). An EOGM can be convened at any time to consider any matters of concern to the council of the MC or SPs. 2.5 There are two ways to convene EOGMs: a)  By majority vote of the council; or b) By serving a requisition on the Secretary of the council asking for the EOGM to
be held. 2.6 The MC must hold an EOGM within 6 weeks after the Secretary receives a
requisition for an EOGM.
Preparation for a General Meeting | 7

Building and Construction Authority

2.7 The requisition must be signed by one or more persons who are entitled to vote4 and they must represent: a)  20% or more of the total share value of all lots in the development; or b)  25% or more of the total number of SPs in the development.
2.8 The requisition must list the matters that are to be discussed during the meeting and it is recommended that the requisition includes the details of the matters that are to be tabled. Please refer to a sample of the requisition notice in Annex A.
2.9 If the MC does not proceed to convene the EOGM within 14 days after the date the requisition is served on the secretary, the persons proposing the requisitions (requisitionists) may convene the meeting. In the alternative, any one requisitionist that represents more than 50% of the total voting rights of all the requisitionists may also convene the meeting. A meeting convened under this paragraph must be within 3 months from the date the requisition is served on the secretary.

Example 16 April 2018

30 April 2018

14 days commencing 17 April 2018

16 July 2018 3 months commencing from 17 April 2018 to 16 July 2018

Date of depositing requisition

MCST did not take steps to convene EOGM, for example, by issuing notice of meeting

Latest date for requisitionists to hold EOGM

4  See Guide 4 on ‘Proceedings of a General Meeting’ for information on when SPs are entitled to vote. 8 | Preparation for a General Meeting

Building and Construction Authority
03
Asking for a Motion to be Included in The Agenda of an Upcoming General Meeting
(Paragraph 12 of First Schedule to the BMSMA) 3.1 Any SP may at any time request in writing for a motion to be included in the agenda
of the next upcoming general meeting. Written notice must be given to the Secretary of the council. The Secretary must include the motion in the agenda for the next general meeting. 3.2 However, if the SP asks for a motion to be included only after the MC has already served notice for the upcoming general meeting, that motion cannot be part of the agenda of the upcoming general meeting. The MC must include that motion in the agenda of the subsequent general meeting. SPs are therefore encouraged to make their requests early.
Good Practice: Raising a Motion What can the MC do?
MCs can put up a notice on the notice board to inform SPs of the proposed dates of the upcoming AGM for the calendar year so that SPs can submit any motions they want to include in the agenda.
Preparation for a General Meeting | 9

Building and Construction Authority
0Dto4oPcurempeanrets (Paragraph 1 of First Schedule to the BMSMA)

4.1 The following documents should be prepared for the AGM (where applicable):

a) An agenda notice must be given to each SP listed on the strata roll. The agenda notice must include the following:

i.   Specify the place, day and time for the meeting;

    ii.  Attach a copy of the minutes of the latest preceding general meeting(s) [if a copy has not been previously given]; and

   iii. Include each proposed motion to be considered at the meeting for the



following items:

Adoption of the accounts for a period ending on a date within 4 months from the general meeting; Confirmation of the minutes of the last AGM; Decision on the number of members of the council to be elected; Election of members of the council; Determination of the amount to be raised for the management fund and the sinking fund; Approval of the proposed annual budget of the MC for the new financial year; Decision if any matter or type of matter is to be decided only by the MC in general meeting; Appointment of an auditor;

10 | Preparation for a General Meeting

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Strata Management Guide : 3