Hong Kong Case Law: Decisions & Judgments

Topic

Validity of owners' resolution

Legal area

Court

2 May 2023

THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS 對 FAIR CHARTER INVESTMENTS LTD及另三十四人

Citation

[2023] HKLdT 32
Court

Lands Tribunal
Case number

LDBM291/2019

Tribunal concluded clause 4(f)(I)(iv) of the DMC requires apportionment in proportion to the number of units owned and that 'units' in context means those units required to pay management fees (ground-floor shops and seventh-to-top-floor residential units); accordingly the 27/10 owners' resolution adopting undivided shares was contrary to the DMC and invalid; parking-passage works for floors 2–6 are to be borne by car-park owners under clause 17 and must be deducted before apportionment by unit-count; application to impose a charge on owners' undivided shares for unpaid contributions was refu…
6 Jan 2023

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

Citation

[2023] HKLdT 2
Court

Lands Tribunal
Case number

LDBM57/2019

Leave to appeal refused because the tribunal correctly considered the alteration which had been raised in evidence, correctly found the manager had power under the DMC to impose the challenged restriction, reasonably concluded the measures were justified on security and nuisance grounds and by the applicant's uncompromising conduct, and because the applicant's intended grounds lacked a reasonable prospect of success and the Tribunal lacked jurisdiction to determine DDO/BPR issues.
26 Jan 2005

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION

Citation

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION
Court

Lands Tribunal
Case number

LDBM331/2004

Where the owners have incorporated, the corporation is entitled to maintain a bank account in its own name under section 20 and management fees may legitimately be deposited into the IO's account; paragraph 4 of the Seventh Schedule permitted the owners in general meeting to establish the special fund and the August 20, 1999 resolution effecting the HK$30 increase was valid; the applicants' declarations were refused and the IO's claim for arrears was upheld.
26 Jan 2005

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION

Citation

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION
Court

Lands Tribunal
Case number

LDBM339/2004

Once owners have incorporated, the corporation may legitimately maintain its own bank account under s20 and management fees may be deposited into the IO's account; paragraph 3 of the Seventh Schedule does not require continued use of a manager's account after incorporation. The HK$30 levy was a valid contribution to a special fund under Seventh Schedule paragraph 4 and was properly resolved by owners in general meeting.

Hong Kong Case Law

THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS 對 FAIR CHARTER INVESTMENTS LTD及另三十四人

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

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION

MOK PING CHEONG ADOLF AND ANOTHER v. THE INCORPORATED OWNERS OF MA’S MANSION