Section 129(3) of BMSMA provides that any notice for the MCST is to be served as follows:
- Leaving the notice in a receptacle (letter box) provided by the MCST, or
- By sending the notice by registered post to an address recorded on the folio of the land-register comprising the common property, ie the address lodged with the Registry of Titles,or
- Via the official email address of the MCST.
What if the notice concerning a change of ownership were served at a wrong address and the above three requirements were not complied? The MCST were not aware of any change in ownership. As a result, this subsidiary proprietor did not receive the notice for attending an AGM nor invoices for maintenance contributions due for a year or more? Interest for late payment were accrued.
Should the MCST waive the late payment interest that has accrued, if requested by the subsidiary proprietor concerned? Section 40(6)(b) of BMSMA specifies that any maintenance contribution if not paid on or before the 30th day after it becomes due , bears interest at the rate determined by the MCST unless the MCST determines in a general meeting that such unpaid contribution bears no interest.
Section 65(1) also states that a subsidiary proprietor must give notice to the MCST for any change of address. It is therefore the duty of the subsidiary proprietor to ensure that his lawyer or agent acting on his behalf serves an appropriate notice on the MCST. The same section further requires an address within Singapore to be provided. Any address that is not within Singapore is therefore not acceptable for the Strata Roll of the MCST.