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Chairman, secretary and treasurer of committee

HUDC Housing Estates Act

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) Where the chairman, secretary and treasurer of the committee have not been appointed by the body corporate in a general meeting, the members of the committee shall, at the first meeting of the committee after they assume office as such members, appoint the chairman, secretary and treasurer of the committee.(2) A person —(a)shall not be appointed to an office referred to in subsection (1) unless he is a member of the committee; and(b)may be appointed to one or more of those offices.(3) A person appointed to an office referred to in subsection (1) shall hold office until —(a)he ceases to be a member of the committee;(b)the receipt by the body corporate from him of a notice in writing of his resignation from that office; or(c)another person is appointed by the committee or by the body corporate in a general meeting to hold that office,whichever first happens.(4) Notwithstanding anything in this Act, a person appointed to an office referred to in subsection (1) shall not resign or vacate his office until another person is appointed by the body corporate in a general meeting or by the committee to hold that office and any purported resignation or vacation of office in breach of this subsection shall be deemed to be invalid.(5) Subsection (4) shall not apply where a member of the committee is required to resign or vacate his office —(a)if, where he was the owner of a flat at the time of his appointment or election, he ceases to own the flat;(b)if, where he was the nominee of a company, which is the owner of a flat, the company ceases to own the flat.(6) A person shall not exercise or perform any of the powers, duties or functions of the body corporate or the treasurer of the body corporate, being powers, duties or functions relating to the receipt or expenditure of, or accounting for, moneys, or the keeping of the books of account, of the body corporate, unless he is —(a)a member of the body corporate or of the committee and is the treasurer of the body corporate or of the committee;(b)a managing agent who is empowered to exercise or perform that power, authority, duty or function; or(c)a person with whom the treasurer of the body corporate is required by an order of the committee to exercise or perform jointly that power, duty or function, and who is enabling the treasurer to comply with the order.(7) The treasurer of a body corporate may delegate the exercise or performance of any of his powers (other than this power of delegation), duties or functions as treasurer, the delegation of which is specifically approved by the committee of the body corporate, to another member of the committee so approved, subject to such limitations as to time or otherwise as are so approved and, while a delegate is acting in accordance with the terms of a delegation under this subsection, he shall be deemed to be the treasurer of the body corporate.(8) The committee of a body corporate may, by a notice in writing served on the treasurer of the body corporate, order that he shall not exercise or perform any of his powers, duties or functions that are specified in the notice, unless he does so jointly with another person so specified.(9) Any person who contravenes subsection (6) or fails to comply with the notice of a committee issued pursuant to subsection (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000.

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