【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第12页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] (7) No estate may be so specified under subsection (6) if- (a) the Authority receives (in aggregate) a number of notices of objection from owners of not less than 50% of the shares in respect of the buildings or groups of buildings comprising the estate, such notices opposing the addition of that estate to, or the deletion of that estate (being an exempt estate) from, the Ninth Schedule; (b) the conditions (if any) imposed under subsection (4) are not met or complied with; and (c) in the case of the proposed addition of an estate to the Ninth Schedule, the buildings or groups of buildings comprising the estate are not being managed by a single manager.(8) The Authority shall prepare and publish in the Gazette guidelines relating to the exercise of the Authority's discretion under subsection (4) and shall, when considering an application under that subsection, have regard to those guidelines. (Added 27 of 1993 s. 29) Cap 344 s 34F Terms added if consistent with deed of mutual covenant (1) The provisions in the Eighth Schedule shall, to the extent that they are consistent with the deed of mutual covenant, be impliedly incorporated- (a) into every deed of mutual covenant made on or after the material date; and (b) as from the material date, into every deed of mutual covenant made before that date.(2) Subject to subsection (3), the provisions incorporated into a deed of mutual covenant by virtue of this section shall bind the owners and manager of the building. (3) Any provision in the Eighth Schedule that is impliedly incorporated into a deed of mutual covenant under this section may, insofar as that provision is so incorporated, by a resolution of the owners, be amended, deleted, or re-incorporated into the deed of mutual covenant. (4) This section shall not operate to attach new legal consequences to any act done or omission occurring under a deed of mutual covenant before the material date. (Added 27 of 1993 s. 29) Cap 344 s 34G Management expenses of unsold property (1) If, at the time a deed of mutual covenant was or is made in respect of a building, any share in the building had not or has not been sold, the owner for the time being of the share shall, for so long as it remains unsold, be liable to pay the management expenses relating to the share as if he had purchased that share subject to the deed of mutual covenant. (2) This section shall not operate to make any person liable to pay management expenses in respect of a period before the material date. (Added 27 of 1993 s. 29) Cap 344 s 34H Duty to maintain property (1) Where a person who owns any part of a building, has the right to the exclusive possession of any part of a building or has the exclusive right to the use, occupation or enjoyment of that part, as the case may be, but the deed of mutual covenant in respect of the building does not impose an obligation on that person to maintain the part in good repair and condition, that person shall maintain that part in good repair and condition. (Amended 69 of 2000 s. 14) (2) The obligation in subsection (1) shall be deemed to be an obligation owed to all owners of the building under the deed of mutual covenant. (Added 27 of 1993 s. 29) Cap 344 s 34I Common parts (1) No person may- (a) convert any part of the common parts of a building to his own use unless such conversion is approved by a resolution of the owners' committee (if any); (b) use or permit to be used the common parts of a building in such a manner as- (i) unreasonably to interfere with the use and enjoyment of those parts by any owner or occupier of the building; or (ii) to cause a nuisance or hazard to any person lawfully in the building.(2) Any person who contravenes subsection (1) shall be deemed to be in breach of an obligation imposed on him by the deed of mutual covenant in respect of the building. (Added 27 of 1993 s. 29) Cap 344 s 34J Right to establish corporation and conduct business (1) No provision in a deed of mutual covenant or other agreement shall operate to prevent the owners of any building from being registered as a corporation under this Ordinance and any such provision shall be void and of no effect. (2) No provision in a deed of mutual covenant (whether such provision is of a procedural nature or otherwise) shall operate to prevent any business relating to the management of a building being conducted at any meeting by any owner or any person managing the building and any such provision shall be void and of no effect. (3) Any provision in a deed of mutual covenant relating to a quorum at any meeting the attainment of which is in practice impossible or virtually impossible to achieve and which has the effect of preventing or frustrating the consideration at that meeting of any business relating to the management of a building by any owner or any person managing the building shall be void and of no effect. (4) The reference to "any business relating to the management of a building" in this section shall be construed to include any such business relating to- |
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