10 Jan 2012
和富大廈(荃灣)業主立案法團 v. 浩鴻發展有限公司及另一人
- Citation
- 和富大廈(荃灣)業主立案法團 v. 浩鴻發展有限公司及另一人
- Court
- Lands Tribunal
- Case number
- LDBM15/2011
The Tribunal found the works were repair works to remedy substantial defects, not improvements; the cost therefore falls within management expenses under Part D, Section V, sub-clause 1 of the DMC and must be apportioned according to owners' undivided shares (and, alternatively, s22(2) BMO supports apportionment by undivided shares). Accordingly the applicant correctly used the 2nd respondent's undivided share to calculate its contribution.