21 Mar 2018
383HK LTD v. THE INCORPORATED OWNERS OF TAK BO BUILDING
- Citation
- [2018] HKCA 164
- Court
- Court of Appeal
- Case number
- CACV99/2017
Clause 3(c) of the DMC does not grant an individual coowner a right to install connecting water or drainage pipes over the common parts; such connections, if to be provided, fall within the management and decision-making authority of the incorporated owners/management committee and are subject to the Building Management Ordinance (s34I). No implication of a right to installation or of a reasonableness constraint on refusal arises where the DMC does not provide for the right; alternatively, even if a reasonableness standard applied, the plaintiff failed to prove the defendant unreasonably with…