S 198
BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 OF 2004)
BUILDING MAINTENANCE AND STRATA MANAGEMENT (HDB PRIVATISED ESTATES —
EXEMPTION) ORDER 2005
In exercise of the powers conferred by section 134 (1) of the Building
Maintenance and Strata Management Act 2004, the Minister for National
Development hereby makes the following Order:
1
Citation and commencement
2
Definitions
3
No initial period for former HUDC housing estates
4
Shorter initial period for other estates
5
No first annual general meeting for former HUDC housing estates
6
First annual general meeting for other estates
S 198
BUILDING MAINTENANCE AND STRATA MANAGEMENT ACT 2004
(ACT 47 OF 2004)
BUILDING MAINTENANCE AND STRATA MANAGEMENT (HDB PRIVATISED ESTATES —
EXEMPTION) ORDER 2005
In exercise of the powers conferred by section 134 (1) of the Building
Maintenance and Strata Management Act 2004, the Minister for National
Development hereby makes the following Order:
Citation and
commencement
1. This Order may be cited as the
Building Maintenance and Strata Management (HDB Privatised Estates —
Exemption) Order 2005 and shall come into operation on 1st April 2005.
Definitions
2.
In this Order, unless the context otherwise requires —
"exempt management corporation" means a management corporation that
is constituted for any designated land pursuant to an application under
section 126 of the Land Titles (Strata) Act (Cap. 158) as modified by
section 126A of that Act;
"HDB" means the Housing and Development Board constituted under the
Housing and Development Act (Cap. 129).
No initial period for former HUDC
housing estates
3. Every exempt management
corporation that is constituted for any housing estate formerly subject to the
HUDC Housing Estates Act (Cap. 131) shall be exempt from section 49 of the
Act.
Shorter initial period for other
estates
4. Subject to paragraph 3, every other
exempt management corporation shall be exempt from section 49 of the Act from
whichever following day is the earlier:
(a) the 91st day after the day on which the exempt management
corporation is constituted; or
(b) the day when the first annual general meeting of the exempt
management corporation is held.
No first annual general meeting for
former HUDC housing estates
5. The HDB shall be
exempt from section 26 of the Act in respect of any exempt management
corporation that is constituted for any housing estate formerly subject to the
HUDC Housing Estates Act.
First annual general meeting for
other estates
6. —(1) Subject to paragraph
5, the HDB shall be exempt from section 26 (1) of the Act in respect of every
other exempt management corporation on condition that the HDB holds the first
annual general meeting of the exempt management corporation from whichever
following day is the earlier:
(a) a day that is within 90 days after the exempt management
corporation is constituted; or
(b) a day that is 6 weeks after the HDB receives a written request
from the subsidiary proprietors of at least 10% of the total number of lots
comprised in that exempt management corporation’s strata title plan asking
for the first annual general meeting to be held.
(2) The HDB shall be exempt from following the agenda
specified in section 26 (3) (f) of the Act for the first annual general
meeting of an exempt management corporation, on condition that the agenda
includes instead, the item of receiving and, if considered fit, of adopting
the audited annual accounts of the exempt management corporation for the
period —
(a) starting from the date the exempt management corporation is
constituted; and
(b) ending on a date not earlier than 60 days before its first annual
general meeting.
(3) The HDB shall be exempt from the duty under section 26
(4) of the Act of placing before the first annual general meeting of, and from
delivering to, an exempt management corporation any document or record
referred to in paragraph (a) (ii), (v), (vii) or (viii) of section 26
(4) of the Act.
Made this 28th day of March 2005.
TAN TEE HOW
Permanent Secretary,
Ministry of National
Development,
Singapore.
[ND 311/13-301 Vol. 7; AG/LEG/SL/30C/2004/5 Vol. 1]