25 Aug 2016
THE INCORPORATED OWNERS OF FLORA GARDEN v. CHAN MAU TANG AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF FLORA GARDEN v. CHAN MAU TANG AND OTHERS
- Court
- Lands Tribunal
- Case number
- LDBM287/2014
The tribunal held that s.14 and s.18(2)(fa) of the Building Management Ordinance together with the DMC (notably Clause 4(f)) empowered the Incorporated Owners to carry out the approved works and bind all owners to contribute; failure to provide further particulars or certain administrative letters did not vitiate the owners' resolution; the unapproved 10% additional contingency was not recoverable; the 5% surcharge and $150 collection fee were valid contractual remedies and not penalties; accordingly claims succeeded except as to the unapproved 10% charge and costs were ordered nisi.