Singapore legislation

Clause 55

of Building Maintenance and Strata Management (Amendment) Bill

Clause 55

Amendment of section 129

Section 129 of the principal Act is amended —

(a)

by deleting the words “by this Act” in subsection (1) and substituting the words “by or under this Act or any by‑laws”;

(b)

by deleting paragraph (c) of subsection (1) and substituting the following paragraph:“(c)by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the person as the email address for the service of notices under this Act on the person.”;

(c)

by inserting, immediately after subsection (1), the following subsections:“(1A) Unless otherwise expressly provided in this Act, a notice that is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor may, in addition to any method described in subsection (1), be given to or served on the subsidiary proprietor by affixing the notice on the front door of the subsidiary proprietor’s lot.(1B) Despite subsection (1), where a notice which is required or authorised by or under this Act or any by‑laws to be given or served on a subsidiary proprietor is given or served by a management corporation or subsidiary management corporation, by electronic communication as described in subsection (1)(c), that notice is not treated as given to or served on the subsidiary proprietor —

(a)

unless the notice is also posted to the subsidiary proprietor’s address for service (within the meaning of this section) or to the subsidiary proprietor’s last known place of residence or business; and

(b)

until subsection (5)(b) or (d) first applies.”;

(d)

by deleting the word “or” at the end of subsection (3)(a);

(e)

by deleting the full‑stop at the end of paragraph (b) of subsection (3) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)by electronic communication, by sending an electronic communication of the notice to the last email address given to the sender by the management corporation or subsidiary management corporation as the email address for the service of documents under this Act on the management corporation or subsidiary management corporation, as the case may be.”;

(f)

by inserting, immediately after the words “an address” in subsection (4)(b), the words “or an email address”;

(g)

by inserting, immediately after the words “duly served on” in subsection (5)(a) and (c), the words “or given to”;

(h)

by deleting paragraph (b) of subsection (5) and substituting the following paragraph:“(b)sent by post, it is deemed to have been duly served on or given to the person to whom it is addressed as follows, even if the notice or document is returned undelivered:

(i)

on the 3rd working day after the day the notice or document was posted, if sent by prepaid registered post;

(ii)

on the 4th working day after the day the notice or document was posted, if sent by ordinary post;”; and

(i)

by deleting the full‑stop at the end of paragraph (c) of subsection (5) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(d)sent by electronic communication in accordance with subsection (1)(c), it is deemed to be duly served on or given to the person to whom the electronic communication is addressed when it becomes capable of being retrieved by the addressee at an electronic address designated by the addressee.”.

Clause 55 — Building Maintenance and Strata Management (Amendment) Bill