12 Oct 2005
FUNG YUET HING v. THE INCORPORATED OWNERS OF HING WONG MANSION AND OTHERS
- Citation
- FUNG YUET HING v. THE INCORPORATED OWNERS OF HING WONG MANSION AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDBM367/2004
The Tribunal held that 'a majority of votes of the owners' under paragraph 3(3) of the Third Schedule to the BMO means more than 50% of owners present in person or by proxy; because 129 owners were present at the 2nd Meeting at least 65 affirmative votes were required but only 58 and 57 votes were recorded for the contractor appointment and renovation items respectively, the resolutions lacked the requisite majority and are invalid. Consequently the Owners Corporation and Management Committee had no actual authority to enter the Renovation Contract or call for contributions; the Request met s…