Was the CSC properly elected at the EOGM?

Article submitted by a SP based on their own research..

After reading through the Land Strata Title, there appears to be 2 areas of concern regarding the way the CSC members were elected.

Eligibility of Elected CSC Members

During the EOGM, Mr Phua Jin Seng nominated 8 SPs for election for the CSC.

However, according to the Land Strata Title, ownership of one lot entitles you to nominate one person for election. If you own two or more lots, you are entitled to nominate more persons for election, in proportion with your share value but not more than 49% of the total number of council seats.

Disclosure of conflict of interests

According to the Land Strata Title, a person standing for election as a member of a collective sale committee has to declare at the general meeting the nature and extent of all such conflicts of interest or potential conflicts of interest.

Based on the minutes of the EOGM, there was no indication that nominees for the CSC were asked to declare their conflicts of interests.

  

Excepts from the Land Strata Title

THIRD SCHEDULE – Paragraph 1, Sub-paragraph (4)

(4) Notwithstanding sub-paragraph (3), the following persons shall also not be eligible for election as a member of the collective sale committee:

            (a) an individual who is a joint subsidiary proprietor of a lot with another subsidiary       proprietor, if that other subsidiary proprietor is also a candidate at that election or has           nominated another person for that election; and

            (b) an individual who is nominated for election by a subsidiary proprietor who owns 2 or       more lots, if that subsidiary proprietor together with any of his nominees —

                       

                        (i) nominated at the same election; or

                        (ii) elected to the collective sale committee at the same or other election, or such of                    his nominees, exceed the threshold number for that subsidiary proprietor determined                  in accordance with sub-paragraph (6).

(6) For the purposes of determining the eligibility of any subsidiary proprietor’s nominee for election as a member of a collective sale committee under sub-paragraph (4)(b), the threshold number for that subsidiary proprietor shall be —

            (a) the number of collective sale committee members that is proportional to the subsidiary             proprietor’s share value, ignoring any fraction; or

            (b) 49% of the number of collective sale committee members determined under sub-            paragraph (1), ignoring any fraction,

whichever number is the lower.

THIRD SCHEDULE – Paragraph 2, Sub-paragraph (1)

(1) If a person standing for election as a member of a collective sale committee is aware of any conflict of interest or potential conflict of interest, if any, with his duties or interests as a member of the collective sale committee (should he be elected) arising from —

           

            (a) his holding of any office;

            (b) his interest in any contract, whether alone or together with any of his associates;

            (c) his possession or ownership of any lot or common property that may be the subject of the

            collective sale, whether alone or together with any of his associates;

            (d) any direct or indirect relationship he or any associate of his has with any property developer, property consultant, marketing agent or legal firm;

            (e) the holding of any office by any of his associates;

            (f) his associate’s interest in a contract; or

            (g) his associate’s possession or ownership of any lot or common property that may be the         subject of the collective sale,

he shall, before his election, declare at the general meeting convened for such election, the nature and extent of all such conflicts of interest or potential conflicts of interest.

(2) The election of any person who fails to comply with sub-paragraph (1) shall be void.