Académique Documents
Professionnel Documents
Culture Documents
I have just received a letter from Mr Tan Lai Huat of block 1, whom we
all know is NOT in favour of an en bloc sale of Botanic Gardens View.
1. *The formula for apportionment of the sale proceed has been changed.*
This is true. The Sale Committee found the previous method of
apportionment (of 1/3 area, 1/3 share value and 1/3 valuation) to be
cumbersome and complex. It raises more questions than answers. The
valuation component can be challenged - e.g. why this valuer and not
that valuer or why not 2 valuers instead of 1 valuer or will valuation
done at the beginning of the en bloc still be applicable at the end of
the en bloc ( a period of 12 - 24 months)? The Sale Committee decided to use a
straight ratio of area vs share value to avoid controversy and
overcome complications. The ratio of 70% area and 30% share value was
chosen because 1) it is the closest to the previous method under current
valuation 2) as advised by the Consultant, it will pass the equity test of the
Strata Title Board 3) it is used by other condos with the same configurations,
i.e. 1 share value for differing sizes of the units and 4) this formula has been
upheld by the High Courts in the case of Holland Hill Mansion.
4. *The power of the CSC to enter into a sale below the reserve price,
and other important terms of the sale, should be subject to approval of
the subsidiary proprietors. *It is misleading and mischievous to suggest that
the CSC can enter into a sale below the reserve price without the approval of
the subsidiary proprietors. Clause 4 - Sale Terms Reserve Price: $630,000,000/
Higher if increased with the Sale Committee's approval and Sellers are deemed to
agree to such increase. If the proposed sale price is less than the Reserve
Price, the Sellers'
Approval is required before accepting such lower sale price. Sellers'
Approval is defined in Clause 11 of the CSA as "the approval of sellers
constituting at least 80% of share value and at least 80% of the strata
title area of all units". Similarly the terms and conditions of the CSA
cannot be changed willy nilly without the approval of the owners.
I hope I have cleared your mind about the doubts created by the writer
of the abovementioned letter. Any points not answer in this email will
be clarified at the EGM.
Best wishes,
John CS Lee