Collective Sales Law

FIRST SCHEDULE

Sections 84A(3), (4), (7C), (13) and (14), 84D(3),
84E(4) and (5) and 84FA(3) and (4)
REQUIREMENTS UNDER SECTION 84A, 84D, 84E OR 84FA

1. Before making an application to a Board, the subsidiary proprietors referred to in section 84A (1) or 84FA(2) or the proprietors of flats referred to in section 84D (2) or 84E (3), as the case may be, shall —

  1. execute within the permitted time but in no case more than 12 months before the date the application is made, a collective sale agreement in writing among themselves (whether or not with other subsidiary proprietors or proprietors) agreeing to agree to collectively sell —

    (i) in the case of an application under section 84A or 84FA, all the lots and common property in a strata title plan; or

    (ii) in the case of an application under section 84D or 84E, all the flats and the land in a development to which section 84D or 84E, as the case may be, applies;
     
  2. affix to a conspicuous part of each building comprised in the strata title plan or the development to which section 84D or 84E applies, as the case may be, a notice in the 4 official languages specifying —

    (i) the number of lots and number of subsidiary proprietors or the number of flats and number of proprietors, as the case may be, who, immediately before the date of the notice, have signed the collective sale agreement; and

    (ii) the proportion (in percentage) that the total share value and the total area of the lots as shown in the subsidiary strata certificates of title of such subsidiary proprietors" lots bear to the total share value and total area of all lots comprised in that strata title plan, or the total share or total notional share of the land and total area of the flats of such proprietors bear to the total share or notional share of all proprietors and total area of all the flats in that land and the development concerned, as the case may be, within 4 weeks after the start of the permitted time and thereafter at intervals of not more than 4 weeks from the date of the last notice under this sub-paragraph;
     
  3. ensure that the notice in sub-paragraph (b) does not include any subsidiary proprietor who has served or is entitled to serve a notice of rescission under paragraph 1E and that the notice in that sub-paragraph is certified by the advocate and solicitor appointed by the collective sale committee to be accurate;
     
  4. advertise in the 4 official languages the particulars of the application in such local newspapers as approved by the Board;
     
  5. serve notice of the proposed application on all the subsidiary proprietors of all the lots and common property in the strata title plan concerned and, if applicable, on the subsidiary proprietors in reversion of the leasehold estate in the lots, or on all the proprietors of all flats in the development concerned, as the case may be, by registered post enclosing a copy each of the following documents:

    (i) the collective sale agreement referred to in sub-paragraph (a);

    (ii) the sale and purchase agreement which is to be the subject of the application to the Board;

    (iii) a statutory declaration made by the purchaser under the sale and purchase agreement on the nature of his relationship (if any) or, if the purchaser is a body corporate, the nature of the relationship of every one of its directors (if any), to any subsidiary proprietor of any lot comprised in that strata title plan or any proprietor of any flat in the development, as the case may be;

    (iv) Deleted by Act 46/2007, wef 04/10/2007

    (v) the advertisement referred to in sub-paragraph (d);

    (vi) a valuation report from an independent valuer on the value of the development as at the date of the close of the public tender or auction; and

    (vii) a report by an independent valuer on the proposed method of distributing the proceeds of the sale due under the sale and purchase agreement;

    (ea) place a notice in the mail boxes of all the subsidiary proprietors of all the lots and common property in the strata title plan concerned or all proprietors of all the flats in the development concerned, as the case may be, notifying them of the proposed application, the notice sent under sub-paragraph (e) and the address to which it was sent, and that copies of the documents in that sub-paragraph may also be obtained from the marketing agent or the collective sale committee;

    (eb) place a notice in the mail boxes of all the subsidiary proprietors of all the lots and common property in the strata title plan concerned or all proprietors of all the flats in the development concerned, as the case may be, notifying the lessees of the subsidiary proprietors or proprietors of the proposed application and of their right to file an application to the Board to determine the amount of compensation payable under the lease; and
     
  6. affix a copy of the notice referred to in sub-paragraph (e) , without the enclosed documents, in the 4 official languages to a conspicuous part of each building comprised in the strata title plan or the development, as the case may be.

1A. For the purposes of this Schedule —

  1. the permitted time in relation to a collective sale agreement executed or to be executed by subsidiary proprietors or proprietors referred to in section 84A (1), 84D (2), 84E (3) or 84FA (2), means a period —

    (i) starting from the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and

    (ii) ending not more than 12 months after the date the first subsidiary proprietor or proprietor, or his duly appointed attorney, as the case may be, signs the collective sale agreement; and
     
  2. the collective sale agreement shall be regarded as executed notwithstanding that it is executed on separate copies thereof and at different times.

1B. The collective sale committee shall provide a preface to the collective sale agreement stating the clause numbers and page numbers in which the following information are found:

  1. the reserve price for the development;
     
  2. the apportionment method for the proceeds of sale;
     
  3. the fees payable to the advocate and solicitor, marketing agent and other person involved in handling the collective sale;
     
  4. the amount of the compensation fund, if any;
     
  5. the person entitled to any interest derived from moneys held by any stakeholder; and
     
  6. the date of delivery of vacant possession of the lot or flat.

1C. The collective sale agreement shall be signed by the subsidiary proprietor, and, if signed in Singapore, in the presence of an advocate and solicitor who has a valid practising certificate appointed by the collective sale committee.

1D. The collective sale agreement shall be accompanied by a notice, in the prescribed form, that may be used by the subsidiary proprietor to rescind his agreement to be a party to the collective sale agreement.

1E. A subsidiary proprietor may rescind his agreement to be a party to the collective sale agreement by serving a notice of rescission referred to in paragraph 1D within the cooling-off period which shall be a period of 5 days (excluding any day which is a Saturday, Sunday or public holiday) after the day on which the collective sale agreement was signed by him.

1F. The notice of rescission shall be signed by the subsidiary proprietor and shall be served personally on the advocate and solicitor appointed by the collective sale committee before 5 p.m. on the last day of the cooling-off period.

1G. A subsidiary proprietor shall not be entitled to serve a notice of rescission more than once for the same collective sale agreement.

2. The notice referred to in paragraph 1(e) to be served by registered post shall be served on the affected parties —

  1. where the party is a subsidiary proprietor of a lot in the strata title plan, at the address as shown on the strata roll;
     
  2. where the party is a proprietor of a flat or land, at the last recorded address at the Land Titles Registry or Registry of Deeds;
     
  3. where the party is a mortgagee, chargee or other person with an estate and interest in the lot or flat whose interest is notified on the land-register or a subsidiary proprietor in reversion of the leasehold estate in a lot, his mortgagee, chargee or other person with an estate or interest in the lot and whose interest is notified on the subsidiary strata land-register, at the address on the strata roll or last recorded address at the Land Titles Registry or Registry of Deeds, as the case may be, provided that where such mortgagee, chargee, subsidiary proprietor in reversion or other person has an estate or interest in more than one lot or flat whose interest is notified on the land-register or subsidiary strata land-register, a single notice referring to the affected lots or flats and their respective subsidiary proprietors or proprietors shall suffice; and
     
  4. where the party is a management corporation, at its address recorded on the folio of the land-register comprising the common property.

3. The advertisement referred to in paragraph 1(d) shall include —

  1. information on the development;
     
  2. Deleted by Act 46/2007, wef 04/10/2007.
     
  3. Deleted by Act 46/2007, wef 04/10/2007.
     
  4. brief details of the sale proposal; and
     
  5. the place at which the affected parties can inspect documents for the collective sale.

4. An application to a Board shall be made by the subsidiary proprietors referred to in section 84A (1) or 84FA(2) or the proprietors referred to in section 84D (2) or 84E (3) within 14 days of the publication of the advertisement referred to in paragraph 1 (d), enclosing —

  1. the documents specified in paragraph 1(e);
     
  2. a statutory declaration made by the representatives appointed under section 84A (2) or their solicitors stating —

    (i) the date the permitted time for the collective sale agreement started;

    (ii) the date on which the collective sale agreement referred to in paragraph 1 (a) was last executed by any subsidiary proprietor or proprietor referred to in section 84A (1), 84D (2), 84E(3) or 84FA(2), as the case may be;

    (iii) the date or dates on which the notice or notices referred to in paragraph 1(b) were affixed; and

    (iv) that sub-paragraphs (c), (d), (e) and (f) of paragraph 1 have been complied with;
     
  3. a list of the names of the subsidiary proprietors or proprietors who have not agreed in writing to the sale, their mortgagees, chargees, the subsidiary proprietors in reversion of the leasehold estate in the lots and other persons (other than lessees) with an estate or interest in the lots or flats whose interests are notified on the land-register or subsidiary strata land-register; and
     
  4. such other document as the Board may require.

5. The Board shall, within 5 days of the filing of an objection, serve a copy of it by registered post on the representatives appointed under section 84A (2) and their solicitors, if any.

6. The subsidiary proprietors referred to in section 84A (1) or 84FA(2) or the proprietors referred to in section 84D (2) or 84E (3) shall, after making an application to the Board, cause a copy of the application to be registered under the Act, the Land Titles Act (Cap. 157) or the Registration of Deeds Act (Cap. 269), as the case may be.

7. The subsidiary proprietors or proprietors referred to in paragraph 6 shall, if an order for sale is granted by the Board under section 84A, 84D, 84E or 84FA, register the order of the Board in accordance with the Act, the Land Titles Act or the Registration of Deeds Act (Cap. 269), as the case may be, or if the order for sale is not granted by the Board, apply to cancel the application registered under paragraph 6.

8. For the purposes of this Schedule, “affected parties” means —

  1. the subsidiary proprietors referred to in section 84A (1) or 84FA(2) or the proprietors referred to in section 84D (2) or 84E (3);
     
  2. the subsidiary proprietors of the lots or the proprietors of the flats who have not agreed in writing to the sale, and any mortgagee, chargee and other person (other than a lessee) with an estate or interest in the lot or flat whose interest is notified on the land-register;
     
  3. the proprietor of the land under section 84E, his mortgagee, chargee or other person with an estate or interest in the land whose interest is notified on the land register;

    (ca) the subsidiary proprietor in reversion of the leasehold estate in the lots under section 84FA, his mortgagee, chargee or other person with an estate or interest in the lots and whose interest is notified on the subsidiary strata land-register; and
     
  4. the management corporation, where applicable.

[21/99] 30.12.1999

 

SECOND SCHEDULE

Sections 84A(1A)(a), (3), (7C) and (14),
84D(9) and (9A), 84E(15) and (15A) and
84FA(16) and paragraphs 1(1), 7(1), 9(1) and
12(a) of Third Schedule
GENERAL MEETINGS FOR PURPOSES OF COLLECTIVE SALE

Application of Schedule
1. This Schedule shall apply only to any general meeting convened by a management corporation for the purposes of a collective sale.


Convening of general meeting on requisition
2. —

 (1) The council of a management corporation shall, on receipt by the secretary thereof of a requisition for a general meeting signed by —

  1. one or more persons entitled to vote in respect of one or more lots, the share value or the total share value of which is at least 20% of the aggregate share value of all the lots whose subsidiary proprietors comprise the management corporation; or
     
  2. not less than 25% of the total number of subsidiary proprietors of the lots whose subsidiary proprietors comprise the management corporation,

immediately proceed to convene a general meeting of the management corporation to be held as soon as practicable but in any case not later than 6 weeks after the receipt by the secretary of the requisition.


 (2) In the case of land in a development to which section 84D applies, any general meeting shall be convened by —

  1. the proprietors of the flats who own not less than 20% share of the land; or
     
  2. not less than 25% of the total number of proprietors of the flats.

(3) In the case of land in a development to which section 84E applies, any general meeting shall be convened by —

  1. the proprietors of the flats who own not less than 20% notional share of the land; or
     
  2. not less than 25% of the total number of proprietors of the flats.

 (4) The requisition shall state the objects of the meeting and shall be signed by the requisitionists and deposited at the registered address of the management corporation, and may consist of several documents in like form each signed by one or more requisitionists.

 (5) If the council does not within 14 days after the date of the deposit of the requisition proceed to convene a meeting, the requisitionists, or any one of them representing more than 50% of the total voting rights of all of them, may themselves, in the same manner as nearly as possible as that in which meetings are to be convened by the council, convene a meeting, but any meeting so convened shall not be held after the expiration of 3 months from that date.

 (6) Any reasonable expenses incurred by the requisitionists by reason of the failure of the council to convene a meeting shall be paid to the requisitionists by the management corporation.

 (7) In the case of land in a development to which section 84D or 84E applies, the general meeting may be convened by the proprietors referred to in sub-paragraph (2) or (3), as the case may be, in the same manner as nearly as possible as that in which meetings are to be convened.

Notice of general meetings
3. —

 (1) A notice of a general meeting of a management corporation shall be served on each subsidiary proprietor who is a member thereof and on the first mortgagee of a lot, as ascertained from the strata roll, at least 14 days before the meeting.

 (2) Every notice for a general meeting shall —

  1. specify the place, day and hour for the meeting;
     
  2. include each proposed resolution to be considered at the meeting;
     
  3. specify any other business to be transacted at the meeting; and
     
  4. inform each person to whom the notice is addressed that he may vote in respect of each proposed resolution and, where relevant, on election of members of the collective sale committee —

    (i) in the case of a subsidiary proprietor of a lot subject to a first mortgage shown on the strata roll, only if the mortgagee fails or neglects to exercise the voting power conferred upon him by this Schedule; and

    (ii) either in person or by proxy at the meeting.

 (3) No motion shall be submitted at a general meeting unless ––

  1. notice of the motion has been given in accordance with this paragraph; or
     
  2. the motion is a motion to amend a motion of which notice has been so given.

 (4) A motion for the constitution of a collective sale committee and its powers, duties or functions shall be decided by ordinary resolution passed at the general meeting.

 (5) In the case of land in a development to which section 84D or 84E applies, a notice of a general meeting of the proprietors of the flats shall be served on each proprietor by registered post at his last recorded address at the Land Titles Registry or the Registry of Deeds and placing a copy of the notice under the main door of every flat in the development.

Persons entitled to vote at general meetings
4. —

 (1) A person shall be entitled to vote in respect of any lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee only if he is the subsidiary proprietor or a mortgagee in possession or a receiver of that lot as shown on the strata roll.

 (2) Notwithstanding any other provision of this paragraph, a first mortgagee, as shown on the strata roll, of a lot shall be entitled to vote in respect of that lot on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and, if he votes on that proposal, any vote cast by the subsidiary proprietor of that lot on the proposal shall not be counted.

 (3) The vote of co-proprietors or co-mortgagees may be cast by any of them in person or by a proxy and if both joint subsidiary proprietors or co-mortgagees are present at a meeting of the management corporation, the vote of the senior who casts a vote, whether in person or by a proxy, shall be accepted to the exclusion of the votes of the others; and for this purpose, seniority shall be determined by the order in which the names stand in the strata roll.

 (4) In the case of land in a development to which section 84D or 84E applies, the seniority shall be determined by the order in which the names appear in the records at the Land Titles Registry or the Registry of Deeds.

 (5) Only the subsidiary proprietor entitled to the first of 2 or more successive estates in a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee.

 (6) A subsidiary proprietor who is the trustee of a lot shall, subject to this Schedule, be entitled to cast a vote on any proposal submitted at a general meeting of a management corporation or on any election of members of the collective sale committee and the persons beneficially interested in the trust shall not be entitled to cast such a vote.

 (7) The voting rights conferred by this paragraph shall be subject to section 65(9) and (10) of the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004).

Quorum
5. —

 (1) No business shall be transacted at any general meeting of a management corporation unless a quorum of subsidiary proprietors is present.

 (2) A quorum shall be formed at any general meeting of a management corporation constituted in respect of a strata title plan when the number of subsidiary proprietors who own at least 30% of the aggregate share value for all lots comprised in that strata title plan are present at the meeting, either in person or by proxy.

 (3) In the case of land in a development to which section 84D or 84E applies, the quorum shall be formed at any general meeting of the proprietors of the flats when the number of proprietors who own at least 30% of the share or notional share in land, as the case may be, are present at the meeting, either in person or by proxy.

Motions out of order
6. At a general meeting of a management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act or would otherwise be unlawful or unenforceable.

Method of casting vote
7. Except as provided in paragraph 4(3), a vote on a motion submitted at a general meeting of a management corporation or on any election of members of the collective sale committee may be cast by the person entitled to vote, either personally or by his duly appointed proxy.

Chairperson to preside
8. The chairperson of the management corporation shall preside at any general meeting of the management corporation at which he is present and, in his absence from any such meeting, the persons present at that meeting and entitled to vote on motions submitted at that meeting may elect one of their number to preside at that meeting and the person so elected shall, while he is so presiding, be deemed to be the chairperson of the management corporation.

List of names of persons entitled to vote
9. The secretary of the management corporation shall put up a list of the names of the persons who are entitled to vote at a general meeting on the notice board maintained on the common property at least 48 hours before the general meeting.

Counting of votes on motion
10. —

 (1) A motion submitted at a general meeting of a management corporation shall be decided only according to the value, ascertained in accordance with sub-paragraphs (2) and (3), of the votes cast for and against the motion, whether personally or by proxy.

 (2) Subject to sub-paragraph (3), for the purposes of sub-paragraph (1), the value of a vote cast on a motion submitted at a general meeting of a management corporation by a person entitled to vote in respect of a lot shall be equal to the share value of that lot.

 (3) For the purposes of sub-paragraph (1), the value of the vote cast by a subsidiary proprietor of a proposed lot shall be 25% of the value that, but for this sub-paragraph, his vote would have under sub-paragraph (2), ignoring any fraction.

 (4) A poll shall be taken in such manner as the chairperson thinks fit.

Chairperson’s declaration of vote
11. The declaration of the chairperson of the result of the voting on any proposal submitted at a general meeting of the management corporation shall be conclusive.

Company may appoint representative to attend meetings
12. A company which is a subsidiary proprietor may under the seal of the company or the hand of its director or any duly authorised attorney appoint such person as it thinks fit to act as its representative either at a particular meeting or at all meetings of the management corporation, and a person so authorised shall, in accordance with his authority or until his authority is revoked by the company, be entitled to exercise the same powers on behalf of the company as the company could exercise if it were an individual.

Instrument of proxy
13. —

 (1) An instrument appointing a proxy shall be in writing —

  1. under the hand of the person appointing the proxy or of his attorney duly authorised in writing; or
     
  2. if the person appointing the proxy is a company, either under seal or under the hand of an officer or its attorney duly authorised.

 (2) Where it is desired to afford subsidiary proprietors an opportunity of voting for or against a resolution, the instrument appointing a proxy shall be in the following form or a form as near thereto as circumstances admit:

I/We, of being a member/members of the above-named management corporation, hereby appoint/appoints , of , or failing him, of , as my/our proxy to vote for me/us on my/our behalf at the general meeting of the management corporation, to be convened on the day of 20 , and at any adjournment thereof.

Signed this day of 20

This form is to be used *in favour of/against the resolution.

*Strike out whichever is not desired. [Unless otherwise instructed, the proxy may vote as he thinks fit.].

Proxy to be deposited at registered address of management corporation
14. The instrument appointing a proxy and the power of attorney or other authority, if any, under which it is signed, or a notarially certified copy of that power or authority, shall be deposited at the registered address of the management corporation or at such other place in Singapore as is specified for that purpose in the notice convening the meeting —

  1. not less than 48 hours before the time for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote; or
     
  2. in the case of a poll, not less than 48 hours before the time appointed for the taking of the poll, and in default, the instrument of proxy shall not be treated as valid.

Powers of proxies
15. —

 (1) A proxy need not be a subsidiary proprietor.

 (2) Subject to sub-paragraph

 (3), a person duly appointed as a proxy —

  1. if entitled to vote otherwise as a proxy, may also vote in his own right; and
     
  2. if appointed as proxy for more than one person, may vote separately as a proxy in each case.
     
  3. A proxy cannot exercise a vote in relation to a matter if the person who appointed the proxy is exercising personally a power to vote on the matter.

Authority not to be revoked by death of principal, etc.
16. A vote given in accordance with the terms of an instrument of proxy or attorney shall be valid notwithstanding the previous death or unsoundness of mind of the principal or revocation of the instrument or of the authority under which the instrument was executed, or the transfer of the share in respect of which the instrument is given, if no intimation in writing of such death, unsoundness of mind, revocation or transfer has been received by the management corporation at its registered address or such other place in Singapore referred to in paragraph 14 before the commencement of the meeting or adjourned meeting at which the instrument is used.



THIRD SCHEDULE

Sections 84A(1A)(b), (3), (7C) and (14),
84D(9) and (9A), 84E(15) and (15A) and
84FA(16)
COMPOSITION, CONSTITUTION AND PROCEEDINGS OF COLLECTIVE SALE COMMITTEE

Members of collective sale committee
1. —

 (1) Subject to sub-paragraph (2), a collective sale committee shall comprise such number of persons as may be determined in a general meeting convened in accordance with the Second Schedule, but in no case less than 3 members or more than 14 members who are natural persons.

 (2) Notwithstanding sub-paragraph (1), where the number of subsidiary proprietors of the lots in a strata title plan is not more than 3, the collective sale committee shall consist of each subsidiary proprietor (if any) who is a natural person or the subsidiary proprietor’s nominee, together with the nominee of each subsidiary proprietor (if any) which is a company.

 (3) A person shall not be eligible for election as a member of a collective sale committee unless he is an individual of at least 21 years of age and who —

  1. is a subsidiary proprietor of a lot;
     
  2. is nominated for election by a subsidiary proprietor of a lot which is a company; or
     
  3. is not a subsidiary proprietor but is a member of the immediate family of a subsidiary proprietor and is nominated for election by that subsidiary proprietor.

 (4) Notwithstanding sub-paragraph (3), the following persons shall also not be eligible for election as a member of the collective sale committee:

  1. an individual who is a joint subsidiary proprietor of a lot with another subsidiary proprietor, if that other subsidiary proprietor is also a candidate at that election or has nominated another person for that election; and
     
  2. an individual who is nominated for election by a subsidiary proprietor who owns 2 or more lots, if that subsidiary proprietor together with any of his nominees —

    (i) nominated at the same election; or

    (ii) elected to the collective sale committee at the same or other election,

or such of his nominees, exceed the threshold number for that subsidiary proprietor determined in accordance with sub-paragraph (6).

 (5) Notwithstanding sub-paragraph (3) and without prejudice to sub-paragraph (4) ––

  1. an undischarged bankrupt; or
     
  2. a subsidiary proprietor of a lot whose contributions and other moneys levied or recoverable by the management corporation under the Building Maintenance and Strata Management Act 2004 (Act 47 of 2004) in respect of that lot are in arrears, shall be eligible for election as a member of a collective sale committee if, and only if, his status referred to in sub-paragraph (a) or (b) is declared in writing, whether by himself or by another, at the time of his nomination.

 (6) For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a collective sale committee under sub-paragraph (4)(b), the threshold number for that subsidiary proprietor shall be —

  1. the number of collective sale committee members that is proportional to the subsidiary proprietor"s share value, ignoring any fraction; or
     
  2. 49% of the number of collective sale committee members determined under sub-paragraph (1), ignoring any fraction,  whichever number is the lower.

Disclosure of interests
2. A person standing for election as a member of a collective sale committee who has any direct or indirect interest in any property developer, property consultant, marketing agent or legal firm, being an interest that could conflict with the proper performance of his functions as a member of a collective sale committee (should he be elected) shall, as soon as practicable after the relevant facts have come to his knowledge, disclose the nature of that interest at a general meeting.

Appointment of chairperson
3. The chairperson of the collective sale committee shall be appointed from among its members.

Tenure of office of member
4. A member of the collective sale committee shall hold office for the duration of the collective sale agreement until —

  1. the collective sale committee is dissolved; or
     
  2. he vacates office under paragraph 5.

Vacation of office of member of collective sale committee
5. A person who is a member of a collective sale committee shall vacate his office as such a member —

  1. if the person was a subsidiary proprietor at the time of his election and he ceases to be a subsidiary proprietor;
     
  2. if the person was the nominee of a subsidiary proprietor and the subsidiary proprietor who nominated him —

    (i) ceases to be a subsidiary proprietor; or

    (ii) notifies the collective sale committee in writing that the person’s office as a member of the collective sale committee is vacated;
     
  3. upon the receipt by the collective sale committee from the person of a notice in writing of the person’s resignation;
     
  4. where he is a member under paragraph 1(2) and the number of subsidiary proprietors increases to more than 3, upon the election of the members of the collective sale committee at a general meeting convened after that increase;
     
  5. if the person is removed from office at a general meeting;
     
  6. if the person dies;
     
  7. if the person becomes a mentally disordered person within the meaning of the Mental Disorders and Treatment Act (Cap. 178); or
     
  8. if the person is convicted, on or after the date of commencement of this paragraph, by a court in Singapore or elsewhere of an offence involving fraud or dishonesty.

Chairperson to preside at meetings
6. The chairperson of a collective sale committee shall preside at all meetings of the collective sale committee at which he is present and, if he is absent from any such meeting, the members of the collective sale committee present at that meeting shall appoint one of their number to preside at that meeting during the absence of the chairperson.

General meetings convened by collective sale committee
7. —

 (1) The collective sale committee shall convene one or more general meetings of the management corporation in accordance with the Second Schedule for the following purposes:

  1. to consider the appointment of any advocate and solicitor, property consultant or marketing agent;
     
  2. to consider the apportionment of sale proceeds;
     
  3. to consider the terms and conditions of the collective sale agreement;
     
  4. to give an update on the total number of subsidiary proprietors who, immediately before the date of the general meeting, have signed the collective sale agreement;
     
  5. to provide information of the sale proposal and sale process;
     
  6. to provide information on the number of offers received for the collective sale and the respective amounts; and
     
  7. to consider the terms and conditions of the sale and purchase agreement.

 (2) The meeting under sub-paragraph (1)(a), (b) and (c) shall be convened before any subsidiary proprietor signs the collective sale agreement.


 (3) The meeting under sub-paragraph (1)(d) and (e) shall be convened after the subsidiary proprietors referred to in section 84A(1) or 84FA(2) have signed the collective sale agreement but before the launch for sale under paragraph 11.


 (4) The meeting under sub-paragraph (1)(f) and (g) shall be convened as soon as practicable after the close of the public tender or public auction or, where applicable, after the collective sale committee has entered into a private contract under paragraph 11.

Meetings of collective sale committee
8. —

 (1) At any meeting of a collective sale committee, a quorum shall consist of the majority of the members of the collective sale committee.

 (2) A decision of the majority of the members of the collective sale committee present and voting at any meeting of the collective sale committee shall be a decision of the collective sale committee.

 (3) A collective sale committee shall cause a record of its decisions and minutes of its meetings to be kept.

Keeping of records
9. —

 (1) The collective sale committee shall keep minutes of its proceedings and shall cause minutes of general meetings convened in accordance with the Second Schedule to be kept.

 (2) If the management corporation is required by its by-laws to maintain a notice board, the collective sale committee shall cause a copy of the minutes of a meeting of the collective sale committee to be displayed on the notice board within 7 days after the meeting.

 (3) A copy of any minutes referred to in sub-paragraph (2) shall be kept displayed on the notice board for a period of not less than 14 days.

 (4) If there is no notice board, the collective sale committee shall give each subsidiary proprietor a copy of the minutes referred to in sub-paragraph (2) within the period specified in that sub-paragraph.

 (5) The collective sale committee shall —

  1. ensure that proper books of account are kept in respect of all sums of money received and expended for the purposes of a collective sale specifying the matters in relation to which the receipts and expenditure take place; and
     
  2. on the application of a subsidiary proprietor or mortgagee of a lot (or any person authorised in writing by him) make the books of account available for inspection at all reasonable times.

Acts of collective sale committee valid notwithstanding vacancy, etc.
10. Any act or proceeding of a collective sale committee done in good faith shall, notwithstanding that at the time when the act or proceeding was done, taken or commenced there was —

  1. a vacancy in the office of a member of the collective sale committee; or
     
  2. any defect in the appointment, or any disqualification of any such member, be as valid as if the vacancy, defect or disqualification did not exist and the collective sale committee were fully and properly constituted.

Collective sale by public tender or auction
11. —

 (1) The collective sale of all lots and common property in a strata title plan shall be launched for sale only by way of public tender or public auction.

 (2) A valuation report by an independent valuer on the value of the development as at the date of the close of the public tender or public auction shall be obtained by the collective sale committee on the date of the close of the public tender or public auction.

 (3) Notwithstanding sub-paragraph (1), the collective sale committee may, within 10 weeks from the close of the public tender or public auction, enter into a private contract with a purchaser for the sale of all the lots and common property in a strata title plan.

Termination of collective sale committee
12. A collective sale committee may be dissolved —

  1. by ordinary resolution at a general meeting of the management corporation convened in accordance with the Second Schedule; or
     
  2. upon the termination or expiry of the collective sale agreement.

 

FOURTH SCHEDULE

Section 84A(8)(a) and (c) and (14)

DEDUCTIONS

DEDUCTIONS ALLOWABLE BY BOARD

 (1) Stamp duty paid on the purchase of the lot or flat.


 (2) Legal fees paid in relation to the purchase of the lot or flat.


 (3) Costs related to the privatisation of any designated land as defined in section 126A.


 (4) Costs incurred pursuant to the collective sale which are to be shared by all subsidiary proprietors or proprietors as provided under the collective sale agreement.