【法规名称】
【法规编号】 79663 什么是编号？
【正 文】
第6页 CAP 344 BUILDING MANAGEMENT ORDINANCE
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[接上页] Cap 344 s 15 Tenants' representative (1) The members of an approved association may, by resolution of not less than 50% of the votes of the members voting either personally or by proxy, appoint or remove from office an occupier as the tenants' representative. (2) In this section "approved association" (认可组织) means an association- (a) formed to represent the interests of the occupiers; and (b) which has been approved for the purposes of this section by the Authority or an authorized officer. (Replaced 27 of 1993 s. 16) Cap 344 s 16 Rights etc. of owners to be exercised etc. by corporation When the owners of a building have been incorporated under section 8, the rights, powers, privileges and duties of the owners in relation to the common parts of the building shall be exercised and performed by, and the liabilities of the owners in relation to the common parts of the building shall, subject to the provisions of this Ordinance, be enforceable against, the corporation to the exclusion of the owners, and accordingly- (a) any notice, order or other document which relates to any of the common parts of the building may be served upon the corporation at its registered office; and (b) any proceedings in the tribunal in respect of any of the common parts of the building may be brought and pursued by or against the corporation. (Amended 27 of 1993 s. 42) Cap 344 s 17 Enforcement of judgments etc. against a corporation (1) If a judgment is given or an order is made against a corporation, execution to enforce the judgment or order may issue- (a) against any property of the corporation; or (b) with leave of the tribunal, against any owner.(2) An application for leave under subsection (1)(b) shall be made by summons served personally upon the owner against whom execution is sought. (Amended 27 of 1993 s. 42) Cap 344 s 18 Duties and powers of corporation (1) The corporation shall- (a) maintain the common parts and the property of the corporation in a state of good and serviceable repair and clean condition; (b) carry out such work as may be ordered or required in respect of the common parts by any public officer or public body in exercise of the powers conferred by any Ordinance; (c) do all things reasonably necessary for the enforcement of the obligations contained in the deed of mutual covenant (if any) for the control, management and administration of the building.(2) A corporation may, in its discretion- (a) engage and remunerate staff for any purpose relating to the powers or duties of the corporation under this Ordinance or the deed of mutual covenant (if any); (Amended 27 of 1993 s. 17) (aa) subject to subsection (3), and subject to such terms and conditions as to attendance at meetings of a management committee and its sub-committees as the management committee may determine, pay the chairman, vice-chairman (if any), secretary, treasurer and other holders of office of the management committee appointed in accordance with the Second Schedule such allowances as may be approved by the corporation by resolution passed at a general meeting, in accordance with, but not exceeding, the maximum allowances specified in the Fourth Schedule; (Added 27 of 1993 s. 17) (b) retain and remunerate accountants for the purposes of auditing the corporation's books of accounts and preparing the annual income and expenditure accounts and balance sheets; (c) retain and remunerate a manager or other professional trade or business firm or person to carry out on behalf of the corporation any of the duties or powers of the corporation under this Ordinance or the deed of mutual covenant (if any); (Amended 27 of 1993 s. 17) (d) insure and keep insured the building or any part thereof to the reinstatement value thereof against fire and other risks; (e) purchase, hire or otherwise acquire movable property for use by the owners in connection with their enjoyment of the common parts or to satisfy any requirement of a public officer or public body for the purpose of any Ordinance; (f) establish and maintain lawns, gardens and playgrounds on the common parts; (fa) carry out any renovation, improvement or decoration work, as the case may be, to the common parts; (Added 12 of 1998 s. 5) (g) act on behalf of the owners in respect of any other matter in which the owners have a common interest. (Amended 27 of 1993 s. 17)(2A) Without prejudice to the generality of subsections (1) and (2), the corporation in the performance of its duties and the exercise of its powers under this section shall have regard to and be guided by Codes of Practice issued from time to time under section 44(1). (Added 69 of 2000 s. 10) (3) A person shall not be entitled to receive an allowance under subsection (2)(aa) in respect of more than one office held by him at the same time. (Added 27 of 1993 s. 17) (4) No provision in a deed of mutual covenant or other agreement shall operate to prevent a person who is otherwise entitled to receive an allowance under this section from receiving that allowance and any such provision, including a provision purporting to substitute some lesser allowance (howsoever named) for that allowance, shall be void and of no effect. (Added 27 of 1993 s. 17) |
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