Schedule 8: Terms Added If Consistent With Deed Of Mutual Covenant

SCHEDULE 8 [sections 34D, 34F & 42 & Schedule 11] (Amended 5 of 2007 s. 33)

Meetings of owners’ committee
1. A meeting of the owners’ committee may be convened at any time by the chairman or any 2 members of the owners’ committee.
2. The person or persons convening the meeting of the owners’ committee shall, at least 7 days before the date of the meeting, give notice of the meeting to each member of the owners’ committee. (Replaced 5 of 2007 s. 33)
2A. The notice of meeting referred to in paragraph 2 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. (Added 5 of 2007 s. 33)
3. The notice of meeting referred to in paragraph 2 may be given- (Amended 5 of 2007 s. 33)
(a) by delivering it personally to the member of the owners’ committee; or
(b) by sending it by post to the member of the owners’ committee at his last known address; or
(c) by leaving it at the member’s flat or depositing it in the letter box for that flat. (Amended 12 of 1998 s. 10) (Amended 5 of 2007 s. 33)
4. The quorum at a meeting of the owners’ committee shall be 50% of the members of the owners’ committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater.
5. A meeting of the owners’ committee shall be presided over by-
(a) the chairman; or
(b) in the absence of the chairman, a member of the owners’ committee appointed as chairman for that meeting.
6. At a meeting of the owners’ committee, each member present shall have 1 vote on a question before the committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
7. The procedure at meetings of the owners’ committee shall be as is determined by the owners’ committee.

Meetings of owners
8. A meeting of owners may be convened by-
(a) the owners’ committee;
(b) the manager; or
(c) an 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. 33)
9. The person convening the meeting of owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each owner. (Replaced 5 of 2007 s. 33)
9A. The notice of meeting referred to in paragraph 9 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. (Added 5 of 2007 s. 33)
10. The notice of meeting referred to in paragraph 9 may be given- (Amended 5 of 2007 s. 33)
(a) by delivering it personally to the owner;
(b) by sending it by post to the owner at his last known address; or
(c) by leaving it at the owner’s flat or depositing it in the letter box for that flat. (Amended 12 of 1998 s. 10) (Amended 5 of 2007 s. 33)
11. The quorum at a meeting of owners shall be 10% of the owners.
11A. For the purposes of paragraph 11, the reference in that paragraph to “10% of the owners” shall-
(a) be construed as a reference to 10% of the number of persons who are owners without regard to their ownership of any particular percentage of the total number of shares into which the building is divided; and
(b) not be construed as the owners of 10% of the shares in aggregate. (Amended 5 of 2007 s. 70) (Added 69 of 2000 s. 26)
12. A meeting of owners shall be presided over by the chairman of the owners’ committee or, if the meeting is convened under paragraph 8(b) or (c), the person convening the meeting. (Replaced 5 of 2007 s. 33)
13. At a meeting of owners-
(a) an owner shall have one vote in respect of each share he owns; (Replaced 5 of 2007 s. 33)
(b) an owner may cast a vote personally or by proxy; (Replaced 5 of 2007 s. 33)
(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 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. 33)
(ca) 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 coowner 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; and (Added 5 of 2007 s. 33)
(d) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
14. (1) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A, and-
(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.
(2) The instrument appointing a proxy shall be lodged with the chairman of the owners’ committee or, if the meeting is convened under paragraph 8(b) or (c), the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(3) 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. (Replaced 5 of 2007 s. 33)
15. The procedure at a meeting of owners shall be as is determined by the owners. (Added 27 of 1993 s. 41)

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