Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order

Building Maintenance and Strata Management Act

(Chapter 30C, Section 134(1))

Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order

O 2

G.N. No. S 198/2005

REVISED EDITION 2010

(31st May 2010)

[1st April 2005]

Citation

1.  This Order may be cited as the Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order.

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.

[G.N. No. S 198/2005]

LEGISLATIVE HISTORY

Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order

 

This Legislative History is provided for the convenience of users of the Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order. It is not part of this Order.
1.	G. N. No. S 198/2005—Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order 2005
	Date of commencement	:	1 April 2005
2.	2010 Revised Edition—Building Maintenance and Strata Management (HDB Privatised Estates — Exemption) Order
	Date of operation	:	31 May 2010