Hong Kong Case Law: Decisions & Judgments

Topic

Owners' resolutions

Legal area

Court

7 Nov 2024

FALCOME COMPANY LTD v. THE INCORPORATED OWNERS OF ZJ 300 AND ANOTHER

Citation

[2024] HKCFI 2992
Court

Court of First Instance
Case number

HCA1744/2023

Although the Naming Right covenant does not satisfy s.41(2) CPO and is not enforceable against other co‑owners as an interest in land, the change of name was effected by a valid resolution passed in accordance with the DMC (Section VII B) and falls within matters the IO may act on as a common management interest under BMO s.18(2)(g); the Resolution therefore binds all co‑owners and the plaintiff's claim is dismissed. Laches did not bar relief but was unnecessary given the primary conclusion.
12 Jul 2021

YUNG YUK YIN v. THE INCORPORATED OWNERS OF KEYMOUNT LODGE

Citation

[2021] HKDC 813
Court

District Court
Case number

DCCJ4059/2018

On the balance of probabilities the evidence established that defects in external Walls A, C and D caused water seepage into internal Wall A and the bedroom ceiling; the IO was on notice of the problem from August 2017 and failed to take reasonable investigative or remedial steps, breaching its duty under s18(1) of the Ordinance and the DMC and giving rise to liability in nuisance and negligence; the 1st Owners' Meeting resolution and the Management Committee resolution to engage contractors were valid and binding, the 2nd Owners' Meeting resolution was invalid due to improper voting procedur…
18 Jul 2006

THE INCORPORATED OWNERS OF WAH LAI MANSION (MARBLE ROAD) v. LEE HWEE LIN

Citation

THE INCORPORATED OWNERS OF WAH LAI MANSION (MARBLE ROAD) v. LEE HWEE LIN
Court

Lands Tribunal
Case number

LDBM80/2005

The Applicant followed the fund-raising procedure mandated by the earlier Tribunal judgment; the method of collection (including giving credits to prior payers) did not negate that a fund of the declared amount was raised; the respondents' argument that the exercise was retrospective or a circumvention failed because the authority they relied on was overturned by the Court of Final Appeal; treating all owners equally and reopening accounts to refund prior payers is fair. Judgment awarded to Applicant for the amounts claimed with interest and costs nisi on High Court scale.
12 Nov 2004

THE INCORPORATED OWNERS OF HELENA GARDEN v. TSO MAN TSUN GORDON AND ANOTHER

Citation

THE INCORPORATED OWNERS OF HELENA GARDEN v. TSO MAN TSUN GORDON AND ANOTHER
Court

Lands Tribunal
Case number

LDBM107/2004

The Tribunal held that the AGM of 28 June 2001 and EGM of 24 January 2002 validly authorized the renovation and the staged collection of contributions; the EGM of 5 June 2002 only postponed final-stage tender/works decisions and did not suspend the collection of previously resolved installments; EGM of 18 October 2002 and MC of 7 March 2003 were invalid or irrelevant, therefore the respondents remain liable to pay the 2nd installment and associated charges.

Hong Kong Case Law

FALCOME COMPANY LTD v. THE INCORPORATED OWNERS OF ZJ 300 AND ANOTHER

YUNG YUK YIN v. THE INCORPORATED OWNERS OF KEYMOUNT LODGE

THE INCORPORATED OWNERS OF WAH LAI MANSION (MARBLE ROAD) v. LEE HWEE LIN

THE INCORPORATED OWNERS OF HELENA GARDEN v. TSO MAN TSUN GORDON AND ANOTHER