Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Managerial powers and house rules

Legal area

Court

9 Jul 2024

WHOLE GRAND LTD v. THE INCORPORATED OWNERS OF BO FUNG BUILDING

Citation

[2024] HKCA 626
Court

Court of Appeal
Case number

CACV77/2023

The Court held that Whole Grand did not possess an absolute, unqualified right to use Lift A; the DMC expressly made rights subject to its provisions, House Rules and the Manager’s powers, which include allocating and assigning lifts. The Manager/IO lawfully exercised those powers in the circumstances and the Tribunal was entitled to consider post‑DMC alterations and the building’s changed circumstances in assessing whether the restriction was reasonable. No error of law was demonstrated and the appeal was dismissed.
30 Jul 2021

WHOLE GRAND LTD v. THE INCORPORATED OWNERS OF BO FUNG BUILDING

Citation

[2021] HKLdT 50
Court

Lands Tribunal
Case number

LDBM57/2019

The applicant’s asserted right to unrestricted use of Lift A under the DMC is not absolute; given the building's altered layout, security and nuisance concerns, and the DMC's express managerial powers to control, allocate and regulate common areas and lifts, the respondent’s restriction of lift service to 1/F was a lawful and reasonable exercise of management authority in the circumstances; declaratory reliefs, reinstatement and damages were therefore refused and the application dismissed.