Terms of the Members of the Management Committee and the Office Bearers

Question

What are the terms of the members of the management committee and the office bearers (Chairman, Secretary and Treasurer)?

Answer

The relevant provisions from the Strata Management Act are as follows:

  • There shall be a chairman, secretary and treasurer, all of whom shall be natural persons; to be elected by the management committee from among its members immediately after the conclusion of the general meeting but no chairman, secretary or treasurer shall hold office for more than two consecutive years. [Strata Management Act, Second Schedule, Para 2(5)]
  • 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. [Strata Management Act,
    Second Schedule, Para 2(6)]
  • 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.[Strata Management Act, Second Schedule, Para 10(2)]
    In brief the term of the members of the management committee shall not be more than 3 consecutive terms. Whereas the term of the chairman, secretary and treasurer shall not be more than 2 consecutive years.
  • A year is 12 months and whereas a term can be up to maximum of 15 months (12 months plus 3 months extension as allowed for under Strata Management Act, Second Schedule,
    Para 10(2)). In the case of the term of the chairman, secretary and treasurer, it is 2 consecutive years ie. 24 consecutive months, as per Strata Management Act, Second Schedule, Para 2(5).
  • This is to ensure that there is no abuse to extend the term of the General Committee by not holding Annual General Meeting within each year. [Ref: Strata Management Act, Second Schedule, Para 10(2)]

The above provisions apply to Joint Management Body and Joint Management Committee as per Strata Management Act, Section 22(2) as follows:

(2) The provisions of the Second Schedule shall apply to the joint management body and the joint management committee with modifications, including the following:
(a) a reference to the “management corporation” shall be construed as a reference to the joint management body;
(b) a reference to the “management committee” shall be construed as a reference to the joint management committee;
(c) a reference to the “proprietors” shall be construed as a reference to the parcel owners;
(d) a reference to the “share units” shall be construed as a reference to the allocated share units;
(e) the constitution of the joint management body and the joint management committee shall include the developer;
(f) at any general meeting, including the first annual general meeting, and for the purpose of determining the quorum, the developer shall be considered as one person, regardless of the number of parcels in the development area which have not been sold; and
(g) at any general meeting, including the first annual general meeting, and for the purpose of determining voting rights, the developer, in respect of the parcels in the development area which have not been sold, shall have the same voting rights as that of a purchaser.
[Strata Management Act, Section 22(2)]

The Initial period means:
“Initial period”, in relation to a management corporation, means the period commencing on the day on which the management corporation comes into existence and ending on the day on which there are proprietors, excluding the original proprietor of the lot of land or the developer who is registered as the proprietor of a parcel or parcels or a provisional block or blocks, the sum of whose share units is at least one-quarter of the aggregate share units.
[Strata Management Act, Section 46(2)]

© REHDA Institute 14-11-2018