KWOK MO KAI DORIS v. THE INCORPORATED OWNERS OF KARIN COURT

KWOK MO KAI DORIS v. THE INCORPORATED OWNERS OF KARIN COURT

Clause 8 of the DMC does not override clause 3 and the Third Schedule; apportionment of the expenses specified in clause 3 must be made according to clause 3 and the Third Schedule; the Manager/management committee has no power under clause 8 or s22 to alter apportionment provided by the DMC; respondent must revise management fees from January 2004 accordingly.

Citation
KWOK MO KAI DORIS v. THE INCORPORATED OWNERS OF KARIN COURT
Parties
Applicant: Kwok Mo Kai Doris; 3rd Respondent: The Incorporated Owners of Karin Court
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
19 July 2005
Case Number
LDBM46/2004
Procedural Posture
Building Management Application / Judgment
Outcome
Judgment for Applicant; declarations granted
Legal Topics
Apportionment of Management Fees, Deed of Mutual Covenant Interpretation, Building Management Ordinance S22, Manager/management Committee Powers, Trusts for Surplus Contributions
Source Language
EN
Building Law Property Law Contract Law Administrative Law Apportionment of Management Fees Deed of Mutual Covenant Interpretation Building Management Ordinance S22 Manager/management Committee Powers +1 more

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Parties

Kwok Mo Kai Doris

Applicant

The Incorporated Owners of Karin Court

3rd Respondent

Procedural Posture

Building Management Application / Judgment

Legal Issues

  1. 1 Whether clause 8 of the DMC overrides clause 3 and the Third Schedule for apportionment of expenses
  2. 2 Whether the Manager/management committee has a discretion under clause 8 or s22 to determine apportionment contrary to the DMC
  3. 3 Whether the user‑pay principle or acquiescence can extinguish rights under the DMC

Ratio Decidendi

Clause 8 of the DMC does not override clause 3 and the Third Schedule; apportionment of the expenses specified in clause 3 must be made according to clause 3 and the Third Schedule; the Manager/management committee has no power under clause 8 or s22 to alter apportionment provided by the DMC; respondent must revise management fees from January 2004 accordingly.

Court Disposition

Judgment for Applicant; declarations granted

Orders

  • Clause 8 of the DMC does not override clause 3 and that expenses provided in clause 3 be apportioned according to clause 3 and the Third Schedule
  • Management fees as from January 2004 be revised adopting the apportionment methods in clause 3 and the Third Schedule