4 Sept 2014
THE INCORPORATED OWNERS OF KA WING BUILDING v. CHOW CHUI CHUI AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF KA WING BUILDING v. CHOW CHUI CHUI AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDBM108/2013
The Tribunal held that for the purpose of computing quorum under the BMO the Main DMC determines the number of flats: the non-domestic portion comprised four flats. Sub-DMCs that subdivide only part of the building do not alter the Main DMC enumeration or create additional 'flats' for Schedule 11 purposes. The valid count of owners present was therefore 5 and the required 10% quorum (8) was not met; the 4 August Resolutions are null and void and the substitute MC has no entitlement to IO property.