6 Jun 2024
THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHERS
- Citation
- [2024] HKLdT 43
- Court
- Lands Tribunal
- Case number
- LDBM76/2019
The Tribunal held that on proper construction of the DMC and statutory definition in the BMO the Disputed Areas were common parts from the making of the DMC; external walls, although originally designated for developer use in the DMC, became common parts by operation of law once the developer alienated all undivided shares (by August 1993). IO granted a bare licence in Feb 2012 which was revocable and expired on termination of the tenant in July 2017; R1-R4 continued to occupy and converted common parts and installed equipment without MC resolution or manager consent, breaching s.34I BMO and…