Wednesday, March 27, 2019

Mandarin Gardens en bloc siege ends with 64.46% consent, not 68%


The Mandarin Gardens en bloc attempt is officially over. The required 80% was not achieved within the prescribed time frame, so the tenure of the Collective Sale Committee (CSC) expired on 24 March 2019.

As per the lawyers' official notice dated 23 March 2019, the level of consent to the collective sale was 64.46% in the final tally.

However, the CSC Chairman's Final Message on 24 March 2019 (the day of its expiry) cited the figure 68.34% - a figure which includes partially signed units.

Legally, only fully signed units are counted in when computing the percentage required by law. Partially signed units have no legal relevance.

In the Final Message, the CSC also thanked "all the approximately 70% SPs who voted for the collective sale". As only 64.46% was achieved, there is no "approximately 70%" support to speak of.

The figure cited in the Final Message appears to have been picked up by Straits Times. Their article on Mandarin Gardens' failed enbloc attempt published on 26 March 2019, gives the wrong impression that the CSC achieved 68% consent.

For the record, the percentage achieved at the end of the day was 64.46%. And that is the true and legally relevant figure to remember and take note of.