FAQ on  General Meeting

1. General Meeting

Question

What is a General Meeting?

Answer

“General Meeting” means a general meeting of the management corporation* and includes the first annual general meeting [Paragraph 1, Second Schedule, SMA]

For matters related to Annual General Meeting, please refer to Paragraph 10, Second Schedule of SMA, and are as follows:

10(1)    The management corporation* shall hold an annual general meeting for the consideration of accounts, election of the management committee and the transaction of such other matters as may arise.

 10(2)    The first annual general meeting shall be held within one month after the expiry of the initial period and the subsequent annual general meetings shall be held once in each year, provided that not more than fifteen months shall lapse between the date of one annual general meeting and the next.

 10(3)    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.

 

For matters related to Extraordinary General Meeting, please refer to Paragraph 11, Second Schedule of SMA, and are as follows:

11(1)    A general meeting of the management corporation* other than the annual general meeting shall be known as the extraordinary general meeting.

 11(2)    The management committee*

  • 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*;
  • shall convene an extraordinary general meeting upon receiving a direction in writing from the Commissioner for the transaction of such business as the Commissioner may direct; and
  • may convene an extraordinary general meeting on such other occasion as it thinks fit.

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

 11 (4)   The extraordinary general meeting shall be held as soon as practicable but in any case not later than six weeks after

  • the requisition has been deposited at the registered office of the management corporation*; or
  • receiving a direction in writing from the Commissioner under sub subparagraph (2)(b).

 11 (5)   If

  • the Commissioner is satisfied that the management committee has not been properly constituted; or
  • the management committee* fails to convene the extraordinary general meeting within the time period stipulated in subparagraph (4), the Commissioner may authorize in writing any person to convene an extraordinary general meeting for such purposes as may be approved by the Commissioner.

 11 (6)       In the case of a meeting convened pursuant to sub subparagraph (5)(b), all costs incurred by the person in convening the meeting shall first be paid by the management corporation* to that person and such costs shall be recoverable as a debt due from all the members of the management committee* personally to the management corporation*.

 

NOTE:

Section 22(2) of SMA state  that the provisions of the Second Schedule shall apply to the joint management body and the joint management committee with modifications, including the following:

  • a reference to the “management corporation” shall be construed as a reference to the joint management body;
  • a reference to the “management committee” shall be construed as a reference to the joint management committee;
  • a reference to the “proprietors” shall be construed as a reference to the parcel owners;
  • a reference to the “share units” shall be construed as a reference to the allocated share units; 
  • the constitution of the joint management body and the joint management committee shall include the developer;