25 Aug 2016
THE INCORPORATED OWNERS OF FLORA GARDEN v. LI DO WAI AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF FLORA GARDEN v. LI DO WAI AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDBM283/2014
The Tribunal held that s.18(2)(fa) of the Building Management Ordinance and Clause 4(f) of the DMC empower the IO to carry out the resolved works; the differentiation between renovation and improvement is otiose under the amended BMO; the IO failed to justify an unapproved 10% additional charge and therefore cannot recover it; respondents are nevertheless liable to pay their apportioned contributions as resolved and, having defaulted, are liable for the 5% surcharge and $150 collection fee per the DMC; costs ordered nisi to applicant.