In forceAmended2020 Revised Edition

Contents

Building (Strata Management) Act 2004 · 2020 Revised Edition · Part 8 · General

129. Service of notices

Amended

Last amended by an amending law of 2017.

(1)

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 to or served on a person may be given to or served on that person —

(a)

by posting it or sending it by fax to the person’s address for service (within the meaning of this section) or to the person’s last known place of residence or business;

(b)

by leaving it at the person’s address for service (within the meaning of this section) or at the person’s last known place of residence or business; or

(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.

(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.

(2)

A summons or other legal process may be served on a management corporation or subsidiary management corporation by leaving it with the chairperson or secretary of the management corporation or subsidiary management corporation or of the council or with any member of the council thereof.

(3)

A document other than a document mentioned in subsection (2) may be served on a management corporation or subsidiary management corporation —

(a)

by leaving it with any person referred to in subsection (1) or in the receptacle provided by the management corporation or subsidiary management corporation under section 28; (b)by sending it, by registered post, to the management corporation at its address recorded on the folio of the land‑register comprising the common property; or

(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.

(4)

The address for service for persons other than a management corporation or subsidiary management corporation is as follows:

(a)

in the case of an occupier of a lot, the address for service is the address of the lot;

(b)

where an address or an email address for service of notices is recorded in the address so recorded in the strata roll, the address so recorded.

(5)

Where any notice or other document is —

(a)

sent by fax in accordance with subsection (1), it is deemed to have been duly served on or given to the person to whom it is addressed where there is an acknowledgment by electronic or other means to the effect that the notice or document has been received at the address for service or place of residence or business, as the case may be;

(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;

(c)

delivered to or affixed on the front door of any lot, it is deemed to have been duly served on or given to the person on the date of the delivery or affixing of the notice or document at that lot; or

(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.

(6)

Subject to subsection (2), this section does not apply to notices and documents to be served in proceedings in court.

Terms defined in s 2

common property
Defined · s 2
“common property”, subject to subsection (9), means —(a)in relation to any land and building comprised or to be comprised in a strata title plan, such part of the land and building —(i)not comprised in any lot or proposed lot in that strata title plan; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more lots or proposed lots; (b)in relation to any other land and building, such part of the land and building —(i)not comprised in any non-strata lot; and(ii)used or capable of being used or enjoyed by occupiers of 2 or more non‑strata lots within that land or building; or (c)in relation to any land and building mentioned in paragraph (a) or (b), any of the following whether or not comprised in a lot, proposed lot or non‑strata lot:(i)the pipes, wires, cables or ducts which are used, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots (as the case may be) within that land or building, or are used or capable of being used for the servicing or enjoyment of the common property;(ii)the cubic space enclosed by a structure enclosing pipes, wires, cables or ducts mentioned in sub‑paragraph (i);(iii)any structural element of the building;(iv)the waterproof membrane attached to an external wall or a roof;Examples(a)A foundation, load‑bearing wall, column or beam, a shear core, strut, ground anchor, slab (not including any layer that is the underlayment or the flooring finishing), truss and common staircase.(b)An external wall, or a roof or façade of a building which is used or enjoyed, or capable of being used or enjoyed, by occupiers of 2 or more lots, proposed lots or non‑strata lots.(c)A garden, sporting or recreational facility, car park or parking area for other vehicles, none of which are comprised in a lot, proposed lot or non‑strata lot.(d)A central air conditioning system and its appurtenances, and a fire sprinkler protection system and its appurtenances.(e)Any chute, pipe, wire, cable, duct or facility for the passage or provision of water, sewage, drainage, gas, oil, electricity, telephone, radio, television, garbage, heating or cooling systems, or any other similar services.
Open s 2
council
Defined · s 2
“council”, in relation to a management corporation, means the council of that management corporation;
Open s 2
land
Defined · s 2
“land” has the meaning given by the Land Titles Act 1993;
Open s 2
lot
Defined · s 2
“lot” means any stratum within a parcel comprised in a strata title plan and which —(a)is used or intended to be used as a complete and separate unit for the purpose of habitation or business or for any other purpose; and(b)is shown as a lot on the strata title plan,and includes a lot specified as an accessory lot on any such plan;
Open s 2
management corporation
Defined · s 2
“management corporation”, in relation to any parcel comprised in a strata title plan, means the management corporation constituted in respect of that strata title plan under the Land Titles (Strata) Act 1967;
Open s 2
strata roll
Defined · s 2
“strata roll”, in relation to any subdivided building shown on a strata title plan, means the roll mentioned in section 46 which relates to that plan;
Open s 2
subsidiary management corporation
Defined · s 2
“subsidiary management corporation”, in relation to any limited common property comprised in a strata title plan, means the subsidiary management corporation constituted for that limited common property under the Land Titles (Strata) Act 1967;
Open s 2
subsidiary proprietor
Defined · s 2
“subsidiary proprietor” has the meaning given by the Land Titles (Strata) Act 1967;
Open s 2
working day
Defined · s 2
“working day” means any day other than a Saturday, Sunday or public holiday.
Open s 2

Report

Read on from s 129A

Schedules

Read on from Schedules