Hong Kong Case Law: Decisions & Judgments

Topic

Manager's powers

Legal area

Court

2 Jul 2003

THE GRANDE PROPERTIES MANAGEMENT LTD v. BOLEX INVESTMENT CO LTD

Citation

THE GRANDE PROPERTIES MANAGEMENT LTD v. BOLEX INVESTMENT CO LTD
Court

Lands Tribunal
Case number

LDBM313/2002

The DMC expressly empowered the manager to maintain and improve common parts and to demand contributions recoverable by civil action; the renovation was approved by a properly convened owners' meeting and binding under the DMC despite abstentions; prior spending, alleged ulterior motives or non-disclosure did not invalidate the majority resolution; therefore the manager was entitled to recover the specified contributions and interest under the DMC.
19 Mar 2002

KAI SHING MANAGEMENT SERVICES LTD. v. CHIN YAU PING

Citation

KAI SHING MANAGEMENT SERVICES LTD. v. CHIN YAU PING
Court

Lands Tribunal
Case number

LDBM493/2001

The metal structure was a permanent alteration to the terrace, it materially altered the external appearance of the Development and facilitated climbing thereby creating security risks to other units; these facts established a breach of clause 5.1.21 (and 5.2.7) of the DMC and entitled the Applicant to injunctive relief, an order for removal within 14 days, entitlement for the Applicant to remove and recover costs if the Respondent failed to comply, and a costs order nisi; damages were not awarded for lack of evidence.
11 Oct 1993

LAM FOO KUI AND OTHERS V. HOP ON MANAGEMENT CO. LTD.

Citation

LAM FOO KUI AND OTHERS V. HOP ON MANAGEMENT CO. LTD.
Court

Court of First Instance
Case number

HCSA10/1993

The manager was authorised under the Management Agreement and the Deed of Mutual Covenant to rent the four carparking spaces for common use and to charge the owners for those rentals; the owners, having had the rentals disclosed in periodic accounts and failing to object, were estopped from denying the respondent's ownership or right to charge; title grievances belong in the High Court, not the Small Claims Tribunal.
10 Dec 1974

HONG YIP SERVICE CO LTD v. DAVID WONG AND OTHERS

Citation

HONG YIP SERVICE CO LTD v. DAVID WONG AND OTHERS
Court

Court of First Instance
Case number

HCA2610/1973

Plaintiff's claim was dismissed because (1) the Deed's express power to sue was limited to recovery of contributions and did not grant the Manager authority to obtain the remedies sought; (2) plaintiff failed to prove the defendants' works were building works contrary to the Buildings Ordinance; and (3) on the merits the defendants were entitled to erect protective coverings within their exclusive parts for shelter and protection so long as they did not damage or inconvenience others and there was no evidence of such harm.

Hong Kong Case Law

THE GRANDE PROPERTIES MANAGEMENT LTD v. BOLEX INVESTMENT CO LTD

KAI SHING MANAGEMENT SERVICES LTD. v. CHIN YAU PING

LAM FOO KUI AND OTHERS V. HOP ON MANAGEMENT CO. LTD.

HONG YIP SERVICE CO LTD v. DAVID WONG AND OTHERS