RES exam question on Land Law: resolution must it pass
Under the Building (Strata Management) Act 2004 (BSMA), a management corporation (MC) wants to raise money from subsidiary proprietors to fund an unexpected, urgent repair. What resolution must it pass?
- AA unanimous resolution — all subsidiary proprietors must vote in favour
- BA special resolution — three-quarters of the share value voting at a general meeting
- CAn ordinary resolution — a simple majority at a properly convened general meeting
- DNone — the council may impose a special levy of up to $50,000 for urgent works on its own
Show answer & explanation
Answer
C. An ordinary resolution — a simple majority at a properly convened general meeting
Explanation
Under s 39(1) and (2) of the Building (Strata Management) Act 2004, the MC must determine by ordinary resolution the amounts that are reasonable and necessary to raise by contributions for its actual or expected liabilities, and s 40 then lets it levy them by written notice, shared by owners in proportion to share value (sso.agc.gov.sg, current version at 22 Sep 2026). An ordinary resolution is decided by a simple majority at a general meeting. A special resolution needs a larger majority (three-quarters of the share value of the eligible owners voting) and is reserved for other matters, such as making additional by-laws or directing improvements to the common property. The council cannot levy on its own without a general meeting, and unanimity is not needed.
Study the concept behind this question: BSMA & MCST Explained: Subsidiary Proprietors, By-Laws
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