ELITE REAL ESTATE LTD 對 THE INCORPORATED OWNERS OF FORTUNE GARDEN, TAI PO

ELITE REAL ESTATE LTD 對 THE INCORPORATED OWNERS OF FORTUNE GARDEN, TAI PO

The Owners failed to discharge their contractual and statutory duties to prevent obstruction of common parts and to remove/impound obstructing vehicles; the 6‑step scheme adopted is materially inadequate because it lacks the statutory remove/impound/charge measures necessary for effective short‑ and medium‑term...

Source-derived case information.

Citation
[2025] HKLdT 74
Parties
Applicant: Elite Real Estate Limited; Respondent: The Incorporated Owners of Fortune Garden, Tai Po
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 December 2025
Case Number
LDBM46/2022
Procedural Posture
Building Management Application (land Tribunal) / Hearing and Judgment (post Trial Determination)
Outcome
Mandatory injunction granted in part; declaration refused; costs awarded to applicant
Legal Topics
Enforcement of Deed of Mutual Covenant, Parking on Common Parts/private Roads, Owners' Corporation Statutory Duties, Private Roads (parking) Regulations Implementation, Mandatory Injunctions, Impoundment and Removal of Vehicles, Clean Hands (equity)
Source Language
ch
Building Management Property Law Contract (deed of Mutual Covenant) Statutory/regulatory Enforcement Roads and Traffic Regulation Enforcement of Deed of Mutual Covenant Parking on Common Parts/private Roads Owners' Corporation Statutory Duties +4 more

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Parties

Elite Real Estate Limited

Applicant

The Incorporated Owners of Fortune Garden, Tai Po

Respondent

Procedural Posture

Building Management Application (land Tribunal) / Hearing and Judgment (post Trial Determination)

  1. 1 Whether parking on estate common parts breaches the Deed of Mutual Covenant and government lease
  2. 2 Whether the Incorporated Owners are obliged to prevent obstruction and to remove/impound vehicles under the Deed and statute
  3. 3 Whether the 6-step scheme adopted by the Owners is a reasonable management option

Ratio Decidendi

The Owners failed to discharge their contractual and statutory duties to prevent obstruction of common parts and to remove/impound obstructing vehicles; the 6‑step scheme adopted is materially inadequate because it lacks the statutory remove/impound/charge measures necessary for effective short‑ and medium‑term deterrence and risk removal; the Tribunal will therefore exercise its discretion to grant a mandatory injunction ordering the Owners to, within 60 days, designate the estate common parts as restricted parking zones under the Private Roads (Parking) Regulations and implement removal, impoundment and charging measures; a declaratory order was unnecessary and is refused.

Court Disposition

Mandatory injunction granted in part; declaration refused; costs awarded to applicant

Orders

  • No declaration as sought by applicant
  • Within 60 days the respondent shall, throughout the estate, designate all common parts as restricted parking zones in accordance with the Private Roads (Parking) Regulations and shall implement the statutory measures to remove, impound and recover charges for vehicles parked in contravention of such signs/markings,...