10 Jul 2017
THE INCORPORATED OWNERS OF WAI YIP HOUSE v. LIGHT WALTER WAI TAK
- Citation
- THE INCORPORATED OWNERS OF WAI YIP HOUSE v. LIGHT WALTER WAI TAK
- Court
- Lands Tribunal
- Case number
- LDBM136/2016
The DMG and the relevant provisions of the two DMCs require common expenses for the shared facilities to be split equally between the two adjoining buildings and thereafter apportioned among the owners of each building according to their undivided shares; the 2‑Tier System adopted by the IO reflects that contractual allocation and is therefore lawful; the AGM resolution did not effect an impermissible variation of the DMCs but corrected an inconsistent prior practice; Article 25 Basic Law is inapplicable; accordingly the IO is entitled to recover unpaid management fees and the respondent's co…