Section 3: Appointment of management committee

(1) A meeting of the owners to appoint a management committee may be convened by—
(a) any person managing the building in accordance with the deed of mutual covenant (if any); or
(b) any other person authorized to convene such a meeting by the deed of mutual covenant (if any); or
(c) one owner appointed to convene such a meeting by the owners of not less than 5% of the shares in aggregate. (Replaced 5 of 2007 s. 5)
(2) At a meeting of owners convened under this section, the owners may, by a resolution—
(a) passed by a majority of the votes of the owners voting either personally or by proxy; and
(b) supported by the owners of not less than 30% of the shares in aggregate, appoint a management committee. (Replaced 5 of 2007 s. 5)
(3) The convenor shall, at least 14 days before the date of the meeting of owners, give notice of the meeting to each owner and—
(a) where the convenor is the person referred to in subsection (1)(a), to the person referred to in subsection (1)(b) (if any);
(b) where the convenor is the person referred to in subsection (1)(b), to the person referred to in subsection (1)(a) (if any); or
(c) where the convenor is the owner appointed under subsection (1)(c), to the person referred to in subsection (1)(a) or (b) (if any). (Added 5 of 2007 s. 5)
(4) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions that are to be proposed at the meeting and are related only to the appointment of a management committee and the incorporation of the owners. (Added 5 of 2007 s. 5)
(5) The notice of meeting may be given—
(a) in the case of an owner—
(i) by delivering it personally to the owner;
(ii) by sending it by post to the owner at his last known address; or
(iii) by leaving it at the owner’s flat or depositing it in the letter box for that flat; or
(b) in the case of a person referred to in subsection (1)(a) or (b)—
(i) by delivering it personally to the person; or
(ii) by sending it by post to the person at his last known address. (Added 5 of 2007 s. 5)
(6) The convenor shall also, at least 14 days before the date of the meeting of owners, display the notice of meeting in a prominent place in the building. (Added 5 of 2007 s. 5)
(7) The convenor shall preside at a meeting of owners convened under this section. (Added 5 of 2007 s. 5)
(8) The quorum at a meeting of owners convened under this section shall be 10% of the owners. (Added 5 of 2007 s. 5)
(9) At a meeting of owners convened under this section—
(a) an owner shall, unless the deed of mutual covenant (if any) otherwise provides, have one vote in respect of each share he owns;
(b) an owner may cast a vote personally or by proxy;
(c) where 2 or more persons are the co-owners of a share, the vote in respect of the share may be cast—
(i) by a proxy jointly appointed by the co-owners;
(ii) by a person appointed by the co-owners from amongst themselves; or
(iii) if no appointment is made under subparagraph (i) or (ii), either by one of the co-owners personally or by a proxy appointed by one of the co-owners; and
(d) where 2 or more persons are the co-owners of a share and more than one of the co-owners seeks to cast a vote in respect of the share, only the vote that is cast, whether personally or by proxy, by the co¬owner whose name, in order of priority, stands highest in relation to that share in the register kept at the Land Registry shall be treated as valid. (Added 5 of 2007 s. 5)
(10) For the purposes of subsection (9)—
(a) the instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and—
(i) shall be signed by the owner; or
(ii) if the owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf;
(b) the instrument appointing a proxy shall be lodged with the convenor at least 48 hours before the time for the holding of the meeting;
(c) the instrument appointing a proxy is valid only if it is made and lodged in accordance with paragraphs
(a) and (b);
(d) a proxy appointed by an owner to attend and vote on behalf of the owner shall, for the purposes of the meeting, be treated as being the owner present at the meeting; and
(e) where an instrument appointing a proxy is lodged with the convenor, the convenor shall—
(i) acknowledge receipt of the instrument by leaving a receipt at the flat of the owner who made the instrument, or depositing the receipt in the letter box for that flat, before the time for the holding of the meeting;
(ii) determine the validity of the instrument in accordance with paragraph (c); and
(iii) display information of the owner’s flat in a prominent place in the place of the meeting before the time for the holding of the meeting, and cause the information to remain so displayed until the conclusion of the meeting. (Added 5 of 2007 s. 5)
(11) Subject to subsection (12), the convenor shall keep all the instruments for the appointment of proxies that have been lodged with him for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s. 5)
(12) Where a management committee is appointed at a meeting of owners convened under this section—
(a) the convenor shall deliver to the management committee immediately after the conclusion of the meeting all the instruments for the appointment of proxies that have been lodged with him; and
(b) the management committee shall keep the instruments for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s. 5)
(13) Subject to subsection (14), where a meeting of owners convened under this section is adjourned, subsections (3), (4), (5), (6), (7), (8), (9), (10), (11) and (12) shall apply to the adjourned meeting as they apply to the original meeting. (Added 5 of 2007 s. 5)
(14) Where a meeting of owners convened under this section is adjourned, a valid instrument appointing a proxy made for the purposes of the original meeting shall remain valid for the purposes of the adjourned meeting unless—
(a) contrary intention is shown on the instrument;
(b) the instrument is revoked; or
(c) the instrument is replaced by a new instrument appointing a proxy. (Added 5 of 2007 s. 5) (Amended 27 of 1993 s. 42)

文章分類 Part II MANAGEMENT COMMITTEE 標籤: ,

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