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6. carousell
However, if the development is completed on or after April 12, 2007 then the JMB shall be formed not later than 12 months from the date of delivery of vacant possession of the parcels to the purchasers.
There are no provisions in the Act to define when a development is completed. In line with the recent amendment to the Street, Drainage and Building Act, 1974, completion should mean the issue of the relevant certificate of completion and compliance.
Until the JMB is established, the developer is responsible for the maintenance works and this includes the responsibility to insure the building against fire and other risks.
The quorum for the first meeting shall be one quarter of the purchasers who have paid maintenance charges to a Building Maintenance Account (BMA). Only purchasers who have paid maintenance charges to the BMA are entitled to vote.
It would appear that the developer is not to be included in the determination of the quorum and is also not a person entitled to vote.
It is not clear whether:
(a) a purchaser is entitled to vote if he had previously paid maintenance charges to the BMA but is at the time of the first meeting in arrears; or
(b) a purchaser who has not paid maintenance charges to the BMA is entitled to attend the meeting or be elected to the JMC, even though he is not entitled to vote.
If within half an hour of the time fixed for the first meeting, no quorum is present, then the members entitled to vote who are present shall form the quorum. Further, if after one hour, no member entitled to vote turns up or all members present refuse to be members of the JMC, the meeting cannot take place, and the developer must inform the Commissioner within the next seven days of the ill-fated meeting.
The Commissioner may then appoint a new date for the first meeting or appoint a managing agent to maintain the common property.
All resolutions at the first meeting shall be decided by a show of hands. Joint purchasers (e.g. husband and wife) are not entitled to vote except by a jointly appointed proxy. However there are no express provisions for a purchaser who is a corporation, to appoint a proxy or a representative, to attend the first meeting and to vote.
If the first meeting is successful, then within 28 days thereafter the JMB must inform the Commissioner of the name of the JMB, and register its name with the Commissioner.
The Commissioner may himself, authorise any purchaser to convene an EGM if he is satisfied that the JMB was not properly constituted.
It is pertinent to note that although the Act made provisions for rules to regulate the first meeting of the JMB, there are no provisions on how an AGM or EGM is to be conducted and it is not clear whether the rules on quorum and voting rights for the first meeting of the JMB will apply to an AGM or EGM. Perhaps such rules and other rules to clear up the uncertainties mentioned above will be contained in the Regulations or perhaps the Regulations will empower the JMB to regulate its meetings as they deem fit and proper.
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