Eligibility for Election as members of the Management Committee FAQ

Question

What are the qualifications to be eligible for election as members for the management
committee of the Management Corporation?

Answer

The answers below apply to individual owner of single parcel only.
Please refer to: Second Schedule, PROVISIONS FOR MANAGEMENT CORPORATION,
Strata Management Act for information and details for the following categories of parcel
owners:
a) joint owners of parcel unit (s) [Para 2(7)(a),Para 2(9)(a), Para 2(10)(a)];
b) parcel owners of multiple units [Para 2(7)(c), Para 2(9)(c), Para 2(10)(b), Para 2(11), Para 2(12)];
c) immediate family members [Para 2(7)(c),Para 2(9)(c)];
d) proxy [Para 2(8)]; and
e) parcel owner who are company, society, corporate body or any other body [Para 2(7)(b),Para 2(9)b)].

The qualifications to be eligible for election for individual owner of single parcel are as
follows:

1) Proprietor
Proprietor only is eligible for election and the definition of the proprietor is defined as follows:
a) Strata Management Act (Act 757), Section 2 – Interpretation “proprietor” has the meaning assigned to it in section 4 of the Strata Titles Act 1985.
b) Strata Title Act 1985 (Act 318), Section 4 – Interpretation “proprietor” refers to a parcel proprietor, that is to say, a person or body for the time being registered as the proprietor of a parcel as well, as well as to the proprietor of a provisional block, that is to say, a person or body for the time being registered as the proprietor of a provisional block. Also under Para 2(13), Second Schedule of SMA states that: an absent proprietor shall not be nominated for election as a member of the management committee unless he has appointed a proxy and has given his written consent to be nominated and elected as a member of the management committee.

2) Natural person
Natural person only shall be eligible for election as per para 2(7) of the Second Schedule, Strata Management Act:
Para 2(7): A person shall not be eligible for election as a member of the management committee of a management corporation unless he is an individual of at least twenty-one years of age and who:
(a) is a proprietor or a co-proprietor of a parcel;

(b) is nominated for election by a proprietor of a parcel which is a company, society, statutory
body or any other body; or
(c) is not a proprietor of a parcel but is a member of the immediate family of a proprietor who
owns two or more parcels and is nominated for election by that proprietor.

3) Proxy
Kindly note that proxy shall not be eligible for election as per para 2(8) of the Second Schedule, Strata Management Act:
Para 2(8): For the avoidance of doubt, a proxy appointed by a proprietor shall not be eligible for election.

4) Committee Member with Consecutive Terms of 3 Years
Committee members who have served 3 consecutive terms shall not be eligible for election as per para 2(6) of the Second Schedule, Strata Management Act:
Para 2(6): All the members of the management committee of a management corporation shall retire from office at the conclusion of the next annual general meeting. A retiring member of the
management committee shall be eligible for re-election but no member of the management committee shall hold office for more than three consecutive terms.

5) No outstanding sum
The proprietor shall not be eligible for election if on the 7 days before the date of the election, there is outstanding sum on all or any part of the maintenance charges and contribution to sinking fund, as per para 2(9) of Second Schedule, Strata Management Act:
Para 2(9): Notwithstanding subparagraph (7), an individual referred to in that subparagraph shall not be eligible for election as a member of the management committee of a management
corporation if, on the seventh day before the date of election—
(a) where he is a proprietor or co-proprietor of a parcel, all or any part of the Charges, or contribution to the sinking fund, in respect of that parcel are in arrears;
(b) where he is nominated for election by a proprietor of a parcel which is a company, society, statutory body or any other body, all or any part of the Charges, or contribution to the sinking fund, in respect of that parcel are in arrears; or
(c) where he is a member of the immediate family of a proprietor who owns two or more parcels and is nominated for election by that proprietor, all or any part of the Charges, or contribution to the sinking fund, in respect of any parcel are in arrears. Note: “Charges” means any money collected to be deposited into the maintenance account [Section 2, SMA]. It is commonly referred to as maintenance charges or maintenance fee.
6) Offences, Fraud, Mis-conduct, Unsound mind, Absence from Meeting, etc A person who has committed offences, fraud, mis-conduct, of unsound mind, commit breach of by-laws etc shall not be eligible for election, as para 3(1) of the Second Schedule, Strata Management Act, clearly state the provisions to vacant office.

Hence, the following provisions shall be considered for the eligibility for election:

Vacation of office of member of management committee
Para 3(1): A person who is the chairman, secretary or treasurer or a member of a management committee shall vacate or shall be deemed to have vacated his office as such member:
(a) if he resigns;
(b) if he dies;
(c) if he becomes a bankrupt;
(d) if he is no longer a proprietor;
(e) if he has been convicted on a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption;
(iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(f) if his conduct, whether in connection with his duties as a member of the management committee or otherwise, has been such as to bring discredit on the management committee;
(g) if he is of unsound mind or otherwise incapable of discharging his duties;
(h) in the case of the chairman, if he absents himself from three consecutive scheduled meetings of the management committee without the leave of the management committee;
(i) in the case of a member of the management committee other than the chairman, if he absents himself from three consecutive meetings of the management committee without the leave in writing of the chairman;
(j) in the case where the proprietor of the parcel is a company, society, statutory body or any other body, as the case may be, if he by resolution removed as the representative of the company, society, statutory body or any other body;
(k) if he is in default of payment of the Charges, or contribution to the sinking fund, (including interest) for a continuous period of three months; or
(l) in the case of a member of the management committee, if he commits a serious breach of the by-laws and has failed to remedy the breach, if the breach is capable of being remedied within fourteen days of the date of receipt of notice from the management committee.