19 Sept 2006
THE INCORPORATED OWNERS OF HOI DEEN COURTv. FULTON CORPORATION LTD
- Citation
- THE INCORPORATED OWNERS OF HOI DEEN COURTv. FULTON CORPORATION LTD
- Court
- District Court
- Case number
- DCCJ3863/2004
The developer's reserved exclusive rights in the roof were incidental to ownership of undivided shares and, having transferred the last undivided share without assigning those rights, the defendant's proprietary and other rights in the roof were extinguished; consequently ownership of the roof vests in the co-owners but that does not automatically make it a common area under the DMC or BMO.