Common use of Calculation of contribution to annual management budget Clause in Contracts

Calculation of contribution to annual management budget. (a) Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts to the intent that :- (i) Where any expenditure relates principally to the Residential Common Areas and Facilities providing service to Owners of the Residential Units or any part or parts thereof including but not limited to the expenditure for the operation, maintenance, repair, cleaning, lighting and security of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces. (ii) Where any expenditure relates principally to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any part or parts thereof (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces (the "Carpark Management Expenses") and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management Expenses. (iii) Where any expenditure relates principally to the Development Common Areas and Facilities (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Land and the Development as a whole (the "Development Management Expenses") and shall be borne by all Owners of the Land and the Development Provided that in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any deed or deeds of grant of easement. PROVIDED THAT (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub-budget(s) for any specific part of the Development (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (3) in the event that a Sub-Deed is entered into in respect of any component part of the Development and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section of the annual management budget shall be established by the Manager such section to cover all expenditure which in the opinion of the Manager (whose decision shall be binding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development and such expenditure shall be borne by the Owners of that component part of the Development (as the case may be) in accordance with the provisions of the Sub-Deed. (b) Each Owner shall contribute towards the Management Expenses of the Development (including the Manager's remuneration) in such manner in such amount and in such proportion as hereinafter provided :- (i) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses which proportion shall be equal to the Management Shares of his Residential Unit divided by the total Management Shares of all Residential Units PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (ii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to the Management Shares of his Parking Space divided by the total Management Shares of all Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iii) Each Owner of the Development shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Management Shares of all Unit(s) owned by him divided by the total Management Shares of all Units of the Development PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iv) If a Sub-Deed is entered into in respect of any component part of the Development and a new section of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section in the manner provided in the Sub-Deed; (v) It is hereby expressly provided that the Owner's liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space or such part of the Development to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT the Manager's determination of the amount of contribution payable by each Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Owners.

Appears in 2 contracts

Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement

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Calculation of contribution to annual management budget. (a) Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts and the Manager shall keep separate accounts and budgets of each part to the intent that :- (i) Where any expenditure relates principally to the Residential Common Areas and Facilities providing service to Owners of the Residential Units or any part or parts thereof including but not limited to the expenditure for the operation, maintenance, repair, cleaning, lighting and security of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces. (ii) Where any expenditure relates principally to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any part or parts thereof and Owners of the Motorcycle Parking Spaces or any part or parts thereof (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces and the Motorcycle Parking Spaces (the "Carpark Management Expenses") and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Motorcycle Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management ExpensesSpaces. (iii) Where any expenditure relates principally to the Development Estate Common Areas and Facilities (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Land and the Development Building as a whole (the "Development Management Expenses") and shall be borne by all Owners of the Land and the Development Building Provided that in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any deed or deeds Deed of grant Grant of easementEasement. PROVIDED THAT (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub-budget(s) for any specific part of the Development Building (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (32) in the event that a Sub-Deed is entered into in respect of any component part of the Development Building and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section of the annual management budget shall be established by the Manager such section to cover all expenditure which in the opinion of the Manager (whose decision shall be binding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development Building and such expenditure shall be borne by the Owners of that component part of the Development Building (as the case may be) in accordance with the provisions of the Sub-Deed. (b) Each Owner shall contribute towards the Management Expenses of the Development Building (including the Manager's remuneration) in such manner in such amount and in such proportion as hereinafter provided :- (i1) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses which proportion shall be equal to the Management Undivided Shares of his Residential Unit divided by the total Management Undivided Shares of all Residential Units PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the DevelopmentBuilding, only the expenses which are attributable to the specific part of the Development Building shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Undivided Shares attributable to the Units owned by them bears to the total number of Management Undivided Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (2) Each Owner of a Residential Unit shall, in addition to the amount payable under sub-clause (b)(i)(1) of this Clause, also contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to a fraction of a percentage (calculated in accordance with the formula set out below) of the budgeted Carpark Management Expenses. The numerator of the said fraction shall be the number of Undivided Shares of his Residential Unit and the denominator shall be the total Undivided Shares of all Residential Units. Percentage in sub-clause (b)(i)(2) = (ii) Each Owner of a Parking Space or a Motorcycle Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to a fraction of a percentage (calculated in accordance with the formula set out below) of the budgeted Carpark Management Expenses. The numerator of the said fraction shall be the number of Undivided Shares of his Parking Space divided by or Motorcycle Parking Space (as the case may be) and the denominator shall be the total Management Undivided Shares of all Parking Spaces and all Motorcycle Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the DevelopmentBuilding, only the expenses which are attributable to the specific part of the Development Building shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Undivided Shares attributable to the Units owned by them bears to the total number of Management Undivided Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iii) Each Owner of the Development shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Management Shares of all Unit(s) owned by him divided by the total Management Shares of all Units of the Development PROVIDED THAT where the Manager prepares ; Percentage in sub-budget(sclause (b)(ii) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iv) If a Sub-Deed is entered into in respect of any component part of the Development and a new section of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section in the manner provided in the Sub-Deed; (v) It is hereby expressly provided that the Owner's liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space or such part of the Development to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT the Manager's determination of the amount of contribution payable by each Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Owners.=

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Calculation of contribution to annual management budget. (a) Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts to the intent that :-that:- (i) Where The first part shall cover any expenditure relates principally which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to such part or parts of the Residential Common Areas and Facilities providing service the right or easement to Owners use thereof is granted to or conferred upon the owners, occupiers and licensees of the Residential Units or any part or parts thereof including but not limited Adjacent Lot and Development pursuant to the expenditure for the operation, maintenance, repair, cleaning, lighting and security Deed of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form Mutual Grant PROVIDED THAT in relation to this part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of annual management budget the Manager are attributable may take into account any payments to be made and any receipts to be obtained pursuant to the use Deed of the Visitors’ Parking Spaces Mutual Grant and the Accessible Parking Spacesany Deed(s) of Grant of Easement. (ii) Where any expenditure relates principally to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any The second part or parts thereof (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces (the "Carpark Management Expenses") and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid cover all expenditure which in the reasonable opinion of the Manager are attributable (whose decision shall be conclusive save for manifest error) is specifically referable to the use remainder of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management Expenses. (iii) Where any expenditure relates principally to the Development Common Areas and Facilities (excluding such part or parts of the Common Areas and whether or not it so relates shall save for manifest error be conclusively decided by Facilities covered in the Manager), the expenditure shall form first part of the Management Expenses of the Land and the Development as a whole annual management budget under paragraph (the "Development Management Expenses"i) and shall be borne by all Owners of the Land and the Development Provided that above) PROVIDED THAT in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any deed Deed(s) of Grant of Easement and any agreement, contract and undertaking. (iii) The third part shall cover all the expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to such part or deeds parts of grant the common areas and facilities in the Adjacent Lot and Development the right or easement to use thereof is granted to or conferred upon the Owners, occupiers and licensees of easementthe Land and the Building and payable by the Owners of the Land and Building pursuant to the Deed of Mutual Grant. (iv) The fourth part shall cover all the expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to the Passage Area PROVIDED THAT in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any Deed(s) of Grant of Easement and any agreement, contract and undertaking. PROVIDED THATTHAT:- (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub-budget(s) for any specific part of the Development Building (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (32) in the event that a Sub-Deed is entered into in respect of any component part of the Development Building and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section of the annual management budget shall be established by the Manager such section to cover all expenditure which in the opinion of the Manager (whose decision shall be binding finding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development Building and such expenditure shall be borne by the Owners of that component part of the Development Building (as the case may be) in accordance with the provisions of the Sub-Deed. (b) Each Owner shall contribute towards the Management Expenses of the Development Building (including the Manager's ’s remuneration) in such manner in such amount and in such proportion as hereinafter provided :-provided:- (i) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses which proportion shall be equal to the Management Undivided Shares of his Residential Unit all Unit(s) owned by him divided by the total Management Undivided Shares of all Residential Units of the Building PROVIDED THAT where the Manager prepares sub-budget(s) budgets or sub-sub-budget(s) for any specific part of the DevelopmentBuilding, only the expenses which are attributable to the specific part of the Development Building shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget budget(s) (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget budget(s) (as the case may be) in the proportion that the Management Undivided Shares attributable to the Units owned by them bears to the total number of Management Undivided Shares allocated to all Units covered by such a sub-budget or sub-sub-budget budget(s) (as the case may be); (ii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to the Management Shares of his Parking Space divided by the total Management Shares of all Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iii) Each Owner of the Development shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Management Shares of all Unit(s) owned by him divided by the total Management Shares of all Units of the Development PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iv) If a Sub-Deed is entered into in respect of any component part of the Development Building and a new section of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section in the manner provided in the Sub-Deed; (viii) It is hereby expressly provided that the Owner's ’s liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space Unit or such part of the Development Building to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT THAT:- (1) notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development Building unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT Owners; and (2) the Manager's ’s determination of the amount of contribution payable by each Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Owners.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Calculation of contribution to annual management budget. (a) The Manager shall keep separate management accounts and budgets for each part of the Development. Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts to the intent that :-parts:- (i) Where any The first part shall cover all expenditure relates principally specifically referable to the Residential Common Areas and Facilities providing service to Owners of the Residential Units or any part or parts thereof including but not limited to the expenditure for the operation, maintenance, repair, cleaning, lighting and security of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces. (ii) Where any The second part shall cover all expenditure relates principally specifically referable to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any part or parts thereof (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces (the "Carpark Management Expenses") and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management ExpensesFacilities. (iii) Where any The third part shall cover all expenditure relates principally specifically referable to the Development Common Areas and Facilities (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Land and the Development as a whole (the "Development Management Expenses") and shall be borne by all Owners of the Land and the Development Provided that in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any deed or deeds of grant of easement. PROVIDED THAT (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub-budget(s) for any specific part of the Development (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (3) in the event that a Sub-Deed is entered into in respect of any component part of the Development and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section of the annual management budget shall be established by the Manager such section to cover all expenditure which in the opinion of the Manager (whose decision shall be binding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development and such expenditure shall be borne by the Owners of that component part of the Development (as the case may be) in accordance with the provisions of the Sub-DeedFacilities. (b) Each Owner shall contribute towards the budgeted Management Expenses of in the Development (including the Manager's remuneration) in such manner in such amount and in such proportion as hereinafter provided :-following manner:- (i) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses under the first part of the annual management budget which proportion shall be equal to the Management Undivided Shares of his Residential Unit divided by the total Management Undivided Shares of all Residential Units PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be)Units; (ii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses under the second part of the annual management budget which proportion shall be equal to the Management Undivided Shares of his Parking Space divided by the total Management Undivided Shares of all Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be)Spaces; (iii) Each Owner of a Unit of the Development shall contribute his due proportion of the budgeted Development Management Expenses under the third part of the annual management budget which proportion shall be equal to the Management Undivided Shares of all Unit(s) owned by him divided by the total Management Undivided Shares of all Units of the Development Development; PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be);THAT:- (iv1) If a Sub-Deed is entered into in respect of any component part of the Development and a new section of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section in the manner provided in the Sub-Deed; (v) It is hereby expressly provided that the Owner's liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space or such part of the Development to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT notwithstanding Notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with subject to the approval of the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT Owners. (2) No Owner shall be called upon to pay more than his appropriate share of Management Expenses, having regard to the Manager's determination number of Undivided Shares allocated to his Unit. (c) It is hereby expressly provided that the Owner’s liability to make such payment or contribution shall in no way be reduced by reason of the amount fact that the Residential Unit, Parking Space or such part of contribution payable the Development to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by each the Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Ownershimself or any other person.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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Calculation of contribution to annual management budget. (a) Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts to the intent that :-that:- (i) Where The first part shall cover any expenditure relates principally to the Residential Common Areas and Facilities providing service to Owners of the Residential Units or any part or parts thereof including but not limited to the expenditure for the operation, maintenance, repair, cleaning, lighting and security of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces. (ii) Where any expenditure relates principally to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any part or parts thereof (and whether or not it so relates whose decision shall be conclusive save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces (the "Carpark Management Expenses"error) and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management Expenses. (iii) Where any expenditure relates principally is specifically referable to the Development Common Areas and Facilities (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Land and the Development Building as a whole (the "Development Management Expenses") and shall be borne by all Owners of the Land and the Development Provided that PROVIDED THAT in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to any deed or deeds Deed(s) of grant Grant of easementEasement and any agreement, contract and undertaking. (ii) The second part shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to the Residential Common Areas and Facilities (the "Residential Management Expenses"). (iii) The third part shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to the Commercial Common Areas and Facilities for Shop C and Shop D (the “Commercial Management Expenses for Shop C and Shop D”). PROVIDED THATTHAT:- (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub- sub-budget(s) for any specific part of the Development Building (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (3) in the event that a Sub-Deed is entered into in respect of any component part of the Development Building and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section part of the annual management budget shall be established by the Manager such section part to cover all expenditure which in the opinion of the Manager (whose decision shall be binding finding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development Building and such expenditure shall be borne by the Owners of that component part of the Development Building (as the case may be) in accordance with the provisions of the Sub-Deed. (b) Each Owner shall contribute towards the Management Expenses of the Development Building (including the Manager's ’s remuneration) in such manner in such amount and in such proportion as hereinafter provided :-provided:- (i) Each Owner shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Undivided Shares of his Unit divided by the total Undivided Shares of all Units (excluding the Undivided Shares of the Common Areas and Facilities); (ii) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses which proportion shall be equal to the Management Undivided Shares of his Residential Unit divided by the total Management Undivided Shares of all Residential Units PROVIDED THAT where Units; (iii) Each Owner of Shop C on 1/F and Shop D on 2/F shall contribute his due proportion of the budgeted Commercial Management Expenses for Shop C and Shop D which proportion shall be equal to the Undivided Shares of his Commercial Unit divided by the total Undivided Shares of Shop C on 1/F and Shop D on 2/F; (iv) Where the Manager prepares sub-budget(s) budgets or sub-sub-budget(s) for any specific part of the DevelopmentBuilding, only the expenses which are attributable to the specific part of the Development Building shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget budget(s) (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget budget(s) (as the case may be) in the proportion that the Management Undivided Shares attributable to the Units owned by them bears to the total number of Management Undivided Shares allocated to all Units covered by such a sub-sub- budget or sub-sub-budget budget(s) (as the case may be); (ii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to the Management Shares of his Parking Space divided by the total Management Shares of all Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iii) Each Owner of the Development shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Management Shares of all Unit(s) owned by him divided by the total Management Shares of all Units of the Development PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (ivv) If a Sub-Deed is entered into in respect of any component part of the Development Building and a new section part of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section part in the manner provided in the Sub-Deed; (vvi) It is hereby expressly provided that the Owner's ’s liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space Unit or such part of the Development Building to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT THAT:- (1) notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development Building unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT Owners; and (2) the Manager's ’s determination of the amount of contribution payable by each Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Owners.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

Calculation of contribution to annual management budget. (a) Subject to the provisions of this Deed, the annual management budget shall be divided into the following parts to the intent that :-that:- (i) Where The first part shall cover any expenditure relates principally to the Residential Common Areas and Facilities providing service to Owners of the Residential Units or any part or parts thereof including but not limited to the expenditure for the operation, maintenance, repair, cleaning, lighting and security of the Recreational Facilities, the Loading and Unloading Spaces, the Visitors’ Parking Spaces and the Accessible Parking Spaces (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Residential Units (the "Residential Management Expenses") and shall be borne by the Owners of the Residential Units. For the avoidance of doubt, the Residential Management Expenses shall also include such parts of the expenditure in Clause 5.4(a)(ii) which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces. (ii) Where any expenditure relates principally to the Carpark Common Areas and Facilities providing service to Owners of the Parking Spaces or any part or parts thereof (and whether or not it so relates whose decision shall be conclusive save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Parking Spaces (the "Carpark Management Expenses"error) and shall be borne by the Owners of the Parking Spaces. For the avoidance of doubt, such part of the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be excluded from the Carpark Management Expenses and be treated as part of the Residential Management Expenses. (iii) Where any expenditure relates principally is specifically referable to the Development Common Areas and Facilities (and whether or not it so relates shall save for manifest error be conclusively decided by the Manager), the expenditure shall form part of the Management Expenses of the Land and the Development Building as a whole (the "Development Management Expenses") and shall be borne by all Owners of the Land and the Development Provided that PROVIDED THAT in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to the Deed of Mutual Grant and any deed Deed(s) of Grant of Easement and any agreement, contract and undertaking, and this part shall comprise the following sections:- (A) the first section shall cover any expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to such part or deeds parts of grant the Development Common Areas and Facilities the right or easement to use thereof is granted to or conferred upon the owners, occupiers and licensees of easementthe Adjacent Lot and Development pursuant to the Deed of Mutual Grant; (B) The second section shall cover all the expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to such part or parts of the common areas and facilities in the Adjacent Lot and Development the right or easement to use thereof is granted to or conferred upon the Owners, occupiers and licensees of the Land and the Building and payable by the Owners of the Land and Building pursuant to the Deed of Mutual Grant; and (C) the third section shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is not covered in paragraphs (A) and (B) above. (ii) The second part shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to the Residential Common Areas and Facilities (the “Residential Management Expenses”) PROVIDED THAT in relation to this part of the annual management budget the Manager may take into account any payments to be made and any receipts to be obtained pursuant to the Deed of Mutual Grant and any Deed(s) of Grant of Easement and any agreement, contract and undertaking, and this part shall comprise the following sections:- (A) the first section shall cover any expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to such part or parts of the Residential Common Areas and Facilities the right or easement to use thereof is granted to or conferred upon the owners, occupiers and licensees of the Adjacent Lot and Development pursuant to the Deed of Mutual Grant; and (B) the second section shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is not covered in paragraph (A) above. (iii) The third part shall cover all expenditure which in the opinion of the Manager (whose decision shall be conclusive save for manifest error) is specifically referable to the Carpark Common Areas and Facilities. PROVIDED THATTHAT:- (1) the Manager shall have the discretion on a fair and reasonable basis to break down each or any of the sections or parts of the annual management budget into sub-budget(s) or sub-sub-budget(s) for any specific part of the Development Building (and the breakdown of such section or part of the annual management budget shall save for manifest error be conclusively decided by the Manager), for the purpose of differentiating between the different levels of management services available to and the use of the relevant services and facilities and areas by the Owner or Owners of Units within such specific parts and in each case, in the annual management budget next prepared by the Manager pursuant to this Deed; (2) for the Accessible Parking Spaces and Visitors’ Parking Spaces, the aforesaid expenditure which in the reasonable opinion of the Manager are attributable to the use of the Visitors’ Parking Spaces and the Accessible Parking Spaces shall be calculated, first, by reference to all expenditure relating principally to the Carpark Common Areas and Facilities and the service provided to the Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces or any part or parts thereof, and secondly, with apportionment of such expenditure being made by reference to the total numbers of Visitors’ Parking Spaces and Accessible Parking Spaces bearing to the total numbers of Parking Spaces, Accessible Parking Spaces and Visitors’ Parking Spaces; and (32) in the event that a Sub-Deed is entered into in respect of any component part of the Development Building and in the Sub-Deed any areas and facilities are designated as common areas and facilities, a new section of the annual management budget shall be established by the Manager such section to cover all expenditure which in the opinion of the Manager (whose decision shall be binding finding and conclusive save for manifest error) is specifically referable to the common areas and facilities of such component part of the Development Building and such expenditure shall be borne by the Owners of that component part of the Development Building (as the case may be) in accordance with the provisions of the Sub-Deed. (b) Each Owner shall contribute towards the Management Expenses of the Development Building (including the Manager's ’s remuneration) in such manner in such amount and in such proportion as hereinafter provided :-provided:- (i) Each Owner shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Undivided Shares of all Unit(s) owned by him divided by the total Undivided Shares of all Units of the Building; (ii) Each Owner of a Residential Unit shall contribute his due proportion of the budgeted Residential Management Expenses which proportion shall be equal to the Management Undivided Shares of his all Residential Unit Unit(s) owned by him divided by the total Management Undivided Shares of all Residential Units PROVIDED THAT where Units; (iii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to the Undivided Shares of all Parking Space(s) owned by him divided by the total Undivided Shares of all Parking Spaces; (iv) Where the Manager prepares sub-budget(s) budgets or sub-sub-budget(s) for any specific part of the DevelopmentBuilding, only the expenses which are attributable to the specific part of the Development Building shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget budget(s) (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget budget(s) (as the case may be) in the proportion that the Management Undivided Shares attributable to the Units owned by them bears to the total number of Management Undivided Shares allocated to all Units covered by such a sub-budget or sub-sub-budget budget(s) (as the case may be); (ii) Each Owner of a Parking Space shall contribute his due proportion of the budgeted Carpark Management Expenses which proportion shall be equal to the Management Shares of his Parking Space divided by the total Management Shares of all Parking Spaces PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (iii) Each Owner of the Development shall contribute his due proportion of the budgeted Development Management Expenses which proportion shall be equal to the Management Shares of all Unit(s) owned by him divided by the total Management Shares of all Units of the Development PROVIDED THAT where the Manager prepares sub-budget(s) or sub-sub-budget(s) for any specific part of the Development, only the expenses which are attributable to the specific part of the Development shall be apportioned in the manner described above and the expenses of any sub-budget or sub-sub-budget (as the case may be) shall be paid by the Owners of Units covered by such a sub-budget or sub-sub-budget (as the case may be) in the proportion that the Management Shares attributable to the Units owned by them bears to the total number of Management Shares allocated to all Units covered by such a sub-budget or sub-sub-budget (as the case may be); (ivv) If a Sub-Deed is entered into in respect of any component part of the Development Building and a new section of the annual management budget is established for that component part in accordance with proviso of Clause 5.4(a), each Owner of that component part shall in addition contribute his due proportion of the budgeted management expenses for that section in the manner provided in the Sub-Deed; (vvi) It is hereby expressly provided that the Owner's ’s liability to make such payment or contribution shall in no way be reduced by reason of the fact that the Residential Unit, Parking Space Unit or such part of the Development Building to which he is entitled to exclusive possession is vacant or occupied and whether it has been let or leased to tenant or is occupied by the Owner himself or any other person; PROVIDED HOWEVER THAT THAT:- (1) notwithstanding any provisions to the contrary herein contained, if the Manager is of the opinion that the annual management budget and/or the sharing of the amounts of Management Expenses assessed under any or some parts of the annual management budget in accordance with the manner set out in the above provisions may lead to or result in any Owner or the Owners of any Unit or any part of the Development Building unfairly or inequitably paying some higher or lesser contributions, the Manager shall be entitled to modify any annual management budget in such manner as the Manager may in its discretion (but subject to the prior approval of the Owners' Committee (if formed) and subject to compliance with the procedures applicable to the draft annual management budget, the annual management budget and the revised annual management budget) think fit (whether by creating new parts or abolishing existing parts of the annual management budget or otherwise) and to prepare new annual management budget in the modified manner as aforementioned and/or to vary or modify the manner of sharing the amounts of Management Expenses assessed under any or some parts of the annual management budget by the relevant Owners in such way as the Manager may in its discretion (but in consultation with the Owners' Committee (if formed)) think fit and the modified annual management budget and the modified manner of sharing the Management Expenses shall be binding (save for manifest error) on all Owners and PROVIDED ALWAYS THAT Owners; and (2) the Manager's ’s determination of the amount of contribution payable by each Owner as aforesaid shall (in the absence of manifest error) be conclusive and binding on all Owners.

Appears in 1 contract

Samples: Deed of Mutual Covenant and Management Agreement

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