30 Jun 2015
THE INCORPORATED OWNERS OF HONG YUEN COURT v. DUGAR SHISHIR AND DUGAR SAROJ AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF HONG YUEN COURT v. DUGAR SHISHIR AND DUGAR SAROJ AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM89/2012
The Tribunal held that the glass canopy and glass house (Category V) are structural alterations that alter the building fabric and breach clause 31(a) of the 1993 DMC and clause 31(b) by exposing the insurance to risk; categories II and III encroach or enclose common parts and therefore breach clause 40 of the DMC and the Buildings Ordinance; the IO has a statutory duty and power under s.18(1)(b) and (c) BMO to enforce removal and to carry out remedial works (and to remove if owners fail); defences based on pre‑existence, waiver, laches and FSI assignments without plans were rejected; relief…