BOTANIC GARDENS VIEW

Interesting things are happening at Botanic Gardens View...check out their blog here

.

So, when a resident wanted to put forward a resolution at the EGM specially convened for en bloc to remove the indemnity enjoyed by the sales committee - it was blocked by the SC (and presumably the MC as EGM/AGMs are convened by the MC). When he tried to put it forward at the following AGM - it was blocked again (by the pro-enbloc MC).

.

The management council has no power to block a resolution if it has been duly received by the secretary of the management council prior to the Notice of AGM being sent out to all the residents. Indeed, the MC is obliged to include it in accordance with the BMSM Act 2004. The MC can only deny a motion if:

.

Motions out of order

4. At a general meeting of a management corporation or subsidiary management corporation, its chairperson may rule that a motion submitted at the meeting is out of order if he considers that the motion, if carried, would conflict with this Act [BMSM] or the by-laws or would otherwise be unlawful or unenforceable.

.

But if the sale committee also blocks such resolutions then surely that is a huge loophole in the LTSA - it strips owners of all their power to shape an en bloc in accordance to their wishes. Someone is at fault here - and it is both the sales committee and the management council - which are one in the same in this instance

.

Note: The Managing Agent accpeted the proposed resolution so it must have been okay.

.

Indeed, when I sent in my list of questions to be tabled at the EGM in 2007 (in the nick of time, too; they were stuffing envelopes with the Notices at the MA office!), the enbloc lawyer knew better than to block my request. I believe this 'Mr. Lee' at BGV could be in trouble if he were to face the STB over this matter...

.

What is happening in that estate can very well apply to all estates - and the minority fighter in this instance is a retired lawyer - so well worth reading his point of view from a legal stance.