Section 34E: Mandatory terms in deeds of mutual covenant

(1) Subject to subsection (4), the provisions in Schedule 7 shall be impliedly incorporated- (Amended 5 of 2007 s. 57)
(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) The provisions incorporated into a deed of mutual covenant by virtue of this section shall-
(a) bind the owners and manager of the building; and
(b) prevail over any other provision in the deed that is inconsistent with them.
(3) 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.
(4) The Authority may-
(a) subject to subsection (5), upon application by the manager of the building or any other person having an interest in the management of the building; or
(b) in the case of an exempt estate, upon the application of the person (“the single manager” (單一經理人) ) who for the time being is, for the purpose of the deed of mutual covenant in respect of the buildings or groups of buildings comprising the estate, managing that estate, from time to time by notice in the Gazette, exclude the application to the building, or to the buildings or groups of buildings comprising the exempt estate, as the case may be, of paragraph 7 of Schedule 7 for a period not exceeding 3 years and subject to such conditions (if any) as he sees fit.
(5) The Authority shall not exclude the application to the building of paragraph 7 of Schedule 7 under subsection (4)(a) if the Authority receives a number of notices of objection from the owners of not less than 50% of the shares in aggregate in respect of that building, such notices opposing the application under that subsection.
(6) Subject to subsection (7), the Authority may, upon application by any owner, manager, person referred to in section 3(1)(a) or (b), any other person having an interest in the management of a building or any single manager, specify by order published in the Gazette the addition of any estate to, or the deletion of any estate (being an exempt estate) from, Schedule 9.
(7) No estate may be so specified under subsection (6) if-
(a) the Authority receives a number of notices of objection from the owners of not less than 50% of the shares in aggregate 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, Schedule 9;
(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 Schedule 9, 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. Amended 5 of 2007 s. 57)
文章分類 Part VIA DEEDS OF MUTUAL COVENANT 標籤:

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