MS Florence Tan (‘Keep members of MC, sales committee distinct’, BT, April 15) suggests that members of management committees (MC) be distinct from members of en bloc sale committees (SC).
Ms Tan is of the view that there will be a conflict of interest when members of the MC, whose main role is to oversee maintenance of the estate, are also tasked with the responsibility for an en bloc sale.
Separating the members of an MC and SC may not be very practical for smaller estates if insufficient persons come forward to form two separate committees. The Land Titles (Strata) Act allows owners to elect who they feel are best suited to represent their interests into the SC. The Act also allows owners to remove any SC member or even the entire SC if they are of the opinion that they are not discharging their duties in a fitting manner.
Under the Building Maintenance and Strata Management Act, the MC is duty-bound to ensure the estate is well maintained and kept in a state of good and serviceable repair. Should the MC fail to perform its duties as imposed by law, residents can seek redress through the Strata Titles Board or the Court to compel the MC to perform its duties. If residents are unhappy with the performance of council members, they can consider removing the council members concerned by way of an ordinary resolution at a general meeting on grounds of neglect of duty.
Thus, it is entirely within the powers of the majority of the residents to deal with errant MC members.
Chong Wan Yieng (Ms)
Head, corporate communications Ministry of Law
Source: Business Times, 20 Apr 2010
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