Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Encroachment on common parts

Legal area

Court

28 Feb 2019

THE INCORPORATED OWNERS OF SUN HO HOUSE v. SO WING LEUNG

Citation

[2019] HKLdT 12
Court

Lands Tribunal
Case number

LDBM224/2017

The court found the roof structure to be an illegal unauthorized structure (no approved plans and a registered demolition order with appeal dismissed), that it encroached on common parts and constituted substantial structural alteration and an alteration of the building's appearance, thereby breaching Clauses 4.01 and 4.06 of the DMC; plants on the roof obstructed access to water meters contrary to Clause 2.02. On that basis mandatory and prohibitory injunctions were granted and costs ordered against the respondent.
27 May 1996

MADAM CHEUNG KIT MUI v. BAYVIEW MANSION MANAGEMENT COMMITTEE OF INCORPORATED OWNERS OF BAYVIEW MANSION

Citation

MADAM CHEUNG KIT MUI v. BAYVIEW MANSION MANAGEMENT COMMITTEE OF INCORPORATED OWNERS OF BAYVIEW MANSION
Court

Lands Tribunal
Case number

LDBM1/1996

Applicant was allowed to amend the applicant name to the registered owner and thus had standing; the iron gate and items constituted an unauthorised encroachment in breach of the DMC; the Committee had no power to grant exclusive use of a common part and failed in its duty to enforce the DMC; accordingly the gate and items must be removed and the common area restored, and the Committee members are to bear costs personally (except costs of obtaining legal advice as to merits).