CHENG YUK FUNG 對 CHEUNG WAI YUEN

CHENG YUK FUNG 對 CHEUNG WAI YUEN

Clause 3(c) of the DMC does not confer on an individual owner the right to appropriate common parts to install new electrical infrastructure; absent an owners' committee, s34I renders conversion of common parts for private use impermissible without unanimous consent, and the applicant failed to prove any right to...

Source-derived case information.

Citation
[2023] HKLdT 35
Parties
Applicant: CHENG YUK FUNG; Respondent: CHEUNG WAI YUEN
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 April 2023
Case Number
LDBM220/2021
Procedural Posture
Application Under Deed of Mutual Covenant / Building Management / Hearing and Decision
Outcome
Application dismissed
Legal Topics
Common Parts, Right to Install Fixtures, Interpretation of DMC Clause 3(c), Section 34 I BMO, Co Ownership Rights, Right of Way/easement
Source Language
ch
Property Law Building Management Ordinance Deed of Mutual Covenant Utility Supply/easements Common Parts Right to Install Fixtures Interpretation of DMC Clause 3(c) Section 34 I BMO +2 more

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Parties

CHENG YUK FUNG

Applicant

CHEUNG WAI YUEN

Respondent

Procedural Posture

Application Under Deed of Mutual Covenant / Building Management / Hearing and Decision

  1. 1 Whether DMC clause 3(c) grants an individual owner the right to occupy common parts to install three-phase electrical equipment
  2. 2 Whether the wall on which the new meter box was affixed is a common part
  3. 3 Application of Buildings Management Ordinance s34I where no owners' committee exists

Ratio Decidendi

Clause 3(c) of the DMC does not confer on an individual owner the right to appropriate common parts to install new electrical infrastructure; absent an owners' committee, s34I renders conversion of common parts for private use impermissible without unanimous consent, and the applicant failed to prove any right to occupy the common wall for the new meter box, therefore the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • Interim order issued