以法律為本,用DMC的條文去看 MTR/KCRC 修補污水渠後向駿景園收取90萬的事件:
1. 污水渠損壞處位於駿景園平台下KCRC Complex 車廠地面下, 根據DMC條文, 此 Sewers 屬於 Royal Ascot Development Common Areas & Factilites.
2. 此 Sewers 污水渠處理 污水/去水 來自Commercial Accommodation, Residential Accommodation, Government Accommodation, KCRC Complex, Kindergarten, Common Areas & Facilites； 在DMC上统稱之為 Development.
3. 此 Sewers 之所有維修費用理應由 Development Owners 承擔, 包括 Commercial Accommodation 之 owner MTR.
4. 在DMC上 KCRC 及 Government 是無須付任何管理费(冇 Management Units).
5. 如果污水渠因在 KCRC Complex 被人為破損, 理應追究 KCRC 責任, 承擔污水渠维修的支出。
“Commercial Common Areas and Facilities” means and includes …. drains, channels, sewers, pumps, ….
“Development Common Areas and Facilities” means and includes….. drains, channels, water mains, sewers, fresh and salt water intakes and mains, pumping stations, wires, cables and other facilities whether ducted or otherwise which are or at any time may be in under or over or passing through the Lot or adjacent land owned by the First Owner …..
“Residential Common Areas and Facilities” means and includes…… drains, channels, sewers, salt and fresh water intakes……
The Second Schedule
1. The Owner of each Undivided Share together with the full and exclusive right to hold use occupy and enjoy any part of the Development
(a) Full right and liberty ….. to go pass or repass ….
(b) The right to subjacent and lateral support …..
(c) The free and uninterrupted passage and running of water, sewage, gas, electricity, ventilation, air-conditioning, telephone and various other services (if any) from and to his premises through the gutters, sewers, …….
37. The management of the Estate shall subject to Clause 10 of this Deed be undertaken by the Manager ……
(a) To demand, collect and receive all amounts payable by Owners….
(b) … (h)
(i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions:…
(k) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Estate onto any part of any public roads or any road-culverts, sewers, drains, ……and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers,….
(aw) In the event that the Government agrees to take over or resume any part or parts of the Common Areas and Facilities ….to make payment ( if any) to the Government as required for the surfacing, kerbing, draining (both foul and storm water sewers) …..
(ay) To make payment to the Government on demand of the cost incurred by the Government in connecting the drains and sewers from the Lot to the Government storm water drains and sewers;