Schedule 3: Meetings And Procedure Of Corporation

SCHEDULE 3 [sections 8, 10, 27, 30, 34D & 42 & Schedules 2 & 11] (Amended 5 of 2007 s. 28)
1. (1) The management committee shall convene—
(a) the first annual general meeting of a corporation not later than 15 months after the date of the registration of the corporation;
(b) an annual general meeting not earlier than 12 months, and not later than 15 months, after the date of the first or previous annual general meeting; (Replaced 27 of 1993 s. 40)
(c) a general meeting of the corporation at any time for such purposes as the management committee thinks fit.
(2) The chairman of the management committee shall convene a general meeting of the corporation at the request of not less than 5% of the owners for the purposes specified by such owners within 14 days of receiving such request, and hold the general meeting within 45 days of receiving such request. (Amended 5 of 2007 s. 28)
2. (1) The secretary of the management committee shall, at least 14 days before the date of the meeting of the corporation, give notice of the meeting to each owner and the tenants’ representative (if any). (Replaced 5 of 2007 s. 28)
(1AA) The notice of meeting shall specify—
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting or other matters that are to be discussed at the meeting. (Added 5 of 2007 s. 28)
(1A) The notice of meeting may be given— (Amended 5 of 2007 s. 28)
(a) by delivering it personally to the owner or tenants’ representative (if any); or
(b) by sending it by post to the owner or tenants’ representative (if any) at his last known address; or
(c) by leaving it at the flat of the owner or tenants’ representative (if any) or depositing it in the letter box for that flat. (Replaced 5 of 2007 s. 28)
(Added 27 of 1993 s. 40. Amended 12 of 1998 s. 8; 5 of 2007 s. 28)
(2) The secretary shall also, at least 14 days before the date of the meeting of the corporation, display the notice of meeting in a prominent place in the building. (Replaced 5 of 2007 s. 28)
3. (1) A meeting of the corporation shall be presided over by—
(a) the chairman of the management committee;
(b) in the absence of the chairman of the management committee, the vice-chairman (if any) of the management committee; or
(c) in the absence of the chairman and the vice-chairman (if any) of the management committee, a person appointed by the owners present at the meeting from amongst themselves. (Replaced 5 of 2007 s. 28)
(2) (Repealed 5 of 2007 s. 28)
(3) Subject to section 10(1) and paragraphs 5(2), (2B) and (2C), 6(3)(a), (4)(a), (5)(a), (7) and (8) and 6A(2)(a) of Schedule 2, all matters arising at a meeting of the corporation at which a quorum is present shall be decided by a majority of the votes of the owners voting either personally or by proxy. (Amended 5 of 2007 s. 28)
(4) If there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(5) (a) At any meeting of the corporation an owner shall, unless the deed of mutual covenant (if any) otherwise provides and subject to sub-paragraph (6), have one vote in respect of each share which he owns. (Amended 8 of 1993 s. 2; 5 of 2007 s. 28)
(b) 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 sub-sub-subparagraph (i) or (ii), either by one of the co-owners personally or by a proxy appointed by one of the co-owners. (Replaced 5 of 2007 s. 28)
(c) 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. 28)
(6) If a registered mortgagee is in possession of an owner’s flat, such mortgagee shall, to the exclusion of the owner, be entitled to exercise the voting rights of such owner.
(7) No resolution passed at any meeting of the corporation shall have effect unless the same was set forth in the notice given in accordance with paragraph 2 or is ancillary or incidental to a resolution or other matter so set forth. (Amended 5 of 2007 s. 28)
(8) Nothing in sub-paragraph (7) shall preclude the passing of a resolution as amended at a meeting of a corporation.
4. (1) At a meeting of the corporation, an owner may cast a vote personally or by proxy. (Amended 5 of 2007 s. 28)
(2) The instrument appointing a proxy shall be in the form set out in Form 2 in Schedule 1A, and— (Amended 5 of 2007 s. 28)
(a) shall be signed by the owner; or
(b) 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. (Amended 5 of 2007 s. 28)
(3) The instrument appointing a proxy shall be lodged with the secretary of the management committee at least 48 hours before the time for the holding of the meeting. (Replaced 5 of 2007 s. 28)
(4) The instrument appointing a proxy is valid only if it is made and lodged in accordance with subparagraphs (2) and (3). (Added 5 of 2007 s. 28)
(5) Where an instrument appointing a proxy is lodged with the secretary of the management committee—
(a) the secretary 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; and
(ii) 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; and
(b) the chairman of the management committee or, if he is absent, the person who presides at the meeting, shall determine the validity of the instrument in accordance with subparagraph (4). (Added 5 of 2007 s. 28)
(6) The management committee shall keep all the instruments for the appointment of proxies that have been lodged with the secretary of the management committee for a period of at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s. 28)
5. (1) The quorum at a meeting of the corporation shall be— (Amended 69 of 2000 s. 24)
(a) 20% of the owners, in the case of a meeting at which a resolution for the dissolution of the management committee under section 30 is proposed; or
(b) 10% of the owners in any other case.
(2) A proxy appointed by an owner to attend and vote on behalf of the owner at a meeting of the corporation shall, for the purposes of the meeting, be treated as being the owner present at the meeting. (Replaced 5 of 2007 s. 28)
5A. (1) Subject to subparagraph (2), where a meeting of the corporation convened under paragraph 1 is adjourned, paragraphs 2, 3, 4 and 5 shall apply to the adjourned meeting as they apply to the original meeting.
(2) Where a meeting of the corporation convened under paragraph 1 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. 28)
6. (1) The secretary of the management committee shall keep minutes of the proceedings at every general meeting of the corporation.
(2) The minutes referred to in subparagraph (1) shall be certified by the person presiding over the meeting as containing a true record of the proceedings of the general meeting to which they relate.
(3) The secretary shall display the minutes certified in accordance with subparagraph (2) in a prominent place in the building within 28 days of the date of the general meeting to which the minutes relate, and cause the minutes to remain so displayed for at least 7 consecutive days. (Replaced 5 of 2007 s. 28) (Added 27 of 1993 s. 40)
6A. (1) The minutes certified in accordance with paragraph 6(2) shall be kept by the management committee for such period, being not less than 6 years, as the corporation may determine.
(2) If the tenants’ representative, an owner, a registered mortgagee or any person duly authorized in writing in that behalf by an owner or registered mortgagee requests in writing the corporation to supply him with copies of any minutes certified in accordance with paragraph 6(2), the secretary shall, on the payment of such reasonable copying charge as the management committee may determine, supply such copies to that person. (Added 5 of 2007 s. 28)
7. The procedure at a general meeting shall be as is determined by the corporation. (Added 27 of 1993 s. 40)
8. In the event of any inconsistency between this Schedule and the terms of a deed of mutual covenant or any other agreement, this Schedule shall prevail. (Added 27 of 1993 s. 40)
9. (Repealed 5 of 2007 s. 28) (Amended 27 of 1993 ss. 40 & 42)

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