11 Feb 2009
THE INCORPORATED OWNERS OF SHATIN NEW TOWN v. YEUNG KUI
- Citation
- THE INCORPORATED OWNERS OF SHATIN NEW TOWN v. YEUNG KUI
- Court
- Lands Tribunal
- Case number
- LDBM339/2007
On true construction the 7-share allocation and the First Schedule of the DMC cover the entrance halls and exterior walls of the residential blocks, the developers retain ownership and by clause 7 possess exclusive rights to use those exterior walls; accordingly, applying s34H BMO the developers (not individual flat owners) bear the maintenance obligation. Separately, the Management Committee and Owners' resolutions failed to comply with ss21-22 BMO and the Applicant's computation method and collection into general funds contravened the statutory requirement for a special fund; therefore the…