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Updated SOP: Virtual AGM / EGM is NOW allowed in a Stratified Development

MKN has published a new set of SOPs revised on 18.3.2021. They are largely the same with some revisions over the previous CMCO’s SOP. The only major difference is that KPKT now allows virtual general meetings be convened.

Before we go into the SOPs surrounding the virtual meeting, we will run through in brief the more mundane matters first.

A copy of the full SOPs can be downloaded below:

Operational SOPs

  1. Covid-19 Preventive Measures – to take temperature of each workers and visitors at the entrance of each strata scheme;
  2. Post / Courier / Delivery – to deliver to the designated area determined by the JMB / MC / Property Manager;
  3. Defects Management and Maintenance – All repair and maintenance works are allowed subject to the approval of the management body;
  4. Renovation Matters – All renovation works are allowed subject to obtaining written approval from the management body;
  5. Moving in and Out – Allowed in all strata scheme. Number of movers will subject to the approval of the management body;
  6. Office operations – The offices are allowed to operate depending on the respective operational hours;
  7. Visitors’ management – All visitors are allowed to enter with the management body having the right to determine the duration of each visit and number of visitors on each interval. Movement of visitors are also limited to the specific unit and/or to the ultimate destination;
  8. Service Providers’ Management – All service providers are allowed to enter into a strata scheme;
  9. Contractors’ management – All contractors are allowed to enter into a strata scheme to undertake maintenance / management / repair works;
  10. Occupants’ management – Occupants are allowed to move within the strata scheme whilst ensuring social distancing;
  11. Common Property – Opening of the common facilities at the common property will subject to the MKN’s directives. Management body is allowed to close a facility if SOP is not adhered to;
  12. Meetings of Committee members – Face to face meeting is allowed by using only 50% capacity of the meeting room;
  13. General Meetings – Face to face general meetings are allowed using only 50% capacity of the meeting room and adhering to social distancing with having face mask at all times. (The SOPs set out for face to face general meeting is very much similar to the previous SOPs.)


Virtual Meeting

To resolve the backlog of AGMs (which is required to be convened within an interval of 15 months in each calendar year), KPKT has proposed to MKN in allowing virtual meeting be convened. Although it now lacks (*At the time of writing) the empowering provision in introducing the virtual general meeting, (like how Section 27 of the (Singapore) Covid-19 (Temporary Measures) Act 2020 empowers the Minister to prescribe alternative arrangements for meetings as he deems necessary including replacing a personal attendance meeting with a meeting held wholly or partly by electronic communication, video conferencing, tele-conferencing or other electronic means), it is encouraging that KPKT pushes innovative steps to allow virtual meetings.

The steps to convene a virtual general meeting is set out (in full) as follows:

A. AGM / EGM (virtual meeting) (Before it takes place)

  • A Management Body which intends to convene a virtual AGM/EGM online must issue the statutory notice of meeting and copy the Commissioner of Buildings (“COB”).
  • Notice of the meeting shall be issued accordingly (pursuant to Section 144 SMA 2013) whether personally, registered post (to the last known address) or by attaching the notice at a prominent part of the last known address TOGETHER with an email to all parcel owners / proprietors.
  • Notice issued must set out the means by which the meeting can be electronically accessed, venue, type of virtual meeting platform, how a person (entitled to vote) may vote at the meeting by electronic means, method in lodging a proxy form and how the virtual meeting will take place;
  • Documents and attachments (as required by law) accompanying the notice of meeting must be served on the proprietors 14 or 21 days before the general meeting (according to the proposed resolutions) whether by way of manually, email, QR Code or other suitable online methods;
  • The list of names of persons entitled to vote must be displayed on the notice board and via the website / social media (if any) at least 48
    hours before the general meeting;
  • The management body is advised to upload the AGM/EGM notice to the website/social media, (if have any);
  • Participants must adhere to the COVID-19 Prevention Measures when conducting a virtual meeting;
  • The proxy form and instrument appointing proxy must be deposited by the Proprietor to the management not less than 48 hours before the general meeting, whether manually or online;
  • The management body can set a series of logins or passwords to distinguish proprietors, proxies and observers;
  • The management body must ensure internet connection is in good condition with the minimum speed required to conduct a virtual meeting effectively.

B. AGM / EGM (virtual meeting) (During)

  • The management body must ensure that the virtual meeting platform
    used is functional. The platform must be able to accept nomination of candidates, private motions, count the votes accurately, announce voting results and record the proceedings at the general meeting.
  • The platform to be adopted must also be able to take into account the different voting methods , whether through hand or by poll involving the tallying of votes corresponding to the share units assigned to each parcel;
  • Registration for an online meeting is open 2 hours before the meeting. If the quorum is not achieved, registration shall continue for a further 30 minute. Any eligible and registered proprietors during these period shall constitute quorum of the meeting.
  • The chairman of the meeting is elected from among the eligible proprietors and shall preside over such meeting until its conclusion. If the appointed chairman fails or refuses to conduct the meeting until the conclusion, a new chairman shall be appointed from among the eligible proprietors;
  • Votes and results must be displayed live on the meeting screen to be viewed by all;
  • The organizing committee of the virtual meeting must be present at the location where the meeting is to be convened.

C. AGM / EGM (virtual meeting (After)

  • The management body must prepare the minutes of the general meeting within the stipulated period. The minutes provided shall be displayed on the notice board.
  • The management body must, within 28 days from the date of the general meeting, submit documents to the COB which include:-
    (i) A copy of the notice of meeting;
    (ii) A copy of the minutes of the meeting;
    (iii) A copy of the attendance record of the proprietors, proxy or representative; and
    (iv) Other documents required by the COB.
  • The COB may direct that an AGM / EGM be re-convened in the event of flaws found in the platform, acts of irregularities found during the proceedings of the general meeting or any other reasonable grounds raised in a written complaint by a proprietor.

Strata Management Seminar 2021 Series 2. View Brochure.
Author
Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.
Disclaimer: The content provided on this website does not constitute legal advice but are for general informational purposes only. It may not be the most up-to-date legal information after the published date. To seek professional legal advice, please check with your lawyer.