Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building (including but not limited to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:- (a) the expenses for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the lighting thereof; (b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities; (c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities; (d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the Building; (e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building; (f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the Building; (g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities; (h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities; (i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement; (j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder; (k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager; (l) a sum for contingencies and provisions for future deficits; (m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed; (n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building; (o) all costs incurred in connection with the Common Areas and Facilities; (p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager; (q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land; (r) a sinking fund for emergencies; (s) the cost of operating the shuttle bus services (if any) to and from the Building; (t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement; (u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT (1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed; (2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and (a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless (i) the supplies, goods or services are procured by invitation to tender; and (ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO. (b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless: (i) if there is an Owners’ Corporation (1) the supplies, goods or services are procured by invitation to tender; (2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and (3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or (ii) if there is no Owners’ Corporation (1) the supplies, goods or services are procured by invitation to tender; (2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and (3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer. (c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services") (i) where there is an Owners’ Corporation, if (1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and (2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or (ii) where there is no Owners’ Corporation, if (1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and (2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender. (4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 5 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building Development (including but not limited to the Common Areas and Facilities) and, and without prejudice to the generality of the foregoing, foregoing shall include the following costs, charges and expenses:-expenses :-
(a) the expenses for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the lighting thereof;
(b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building Development and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building Development or that are required to be maintained under the Government Lease Conditions or for the proper functioning of the BuildingDevelopment;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building Development and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building Development and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the BuildingDevelopment;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the BuildingDevelopment;
(g) the Government rents of the Land under the Government Lease Conditions but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building Development and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(sdeed(s) entered into pursuant to the provisions of Grant of Easementthis Deed;
(j) the remuneration of the Manager calculated in accordance with the provisions Clause 4.4 of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building Development including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ ' liability and employer’s 's liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building Development or any other insurance policy considered necessary by the Manager;
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the BuildingDevelopment;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory the costs of operation and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this DeedRecreational Facilities;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Management Expenses. Subject Management Expenses shall be the expenses, costs and charges necessarily and reasonably incurred in the management of the Land under this Deed including (without limitation) the following:
(a) the charges for the supply and consumption of fuel, oil, electricity, gas, water, telephone and other utility services exclusively serving the Common Parts and other outgoings in recurring nature payable by the Owners which are necessarily and reasonably incurred for the maintenance, operation, repair, cleansing, improving and management in respect of the Common Parts (including the Recreational Facilities);
(b) the payment of Government rent (if not apportioned) and all sums (other than the premium paid for the grant of the Land) which are of a recurring nature payable under the Land Grant;
(c) the direct cost of employing staff involved with the management of the Land including staff uniform, salary, bonus, over-time pay, medical insurance and other fringe benefits relating to the provisions of employment;
(d) legal, accounting, surveying and other professional fees reasonably and properly incurred by the Manager in exercising or performing its powers and duties under this Deed, including but not limited to the Management Expenses in costs of preparing annual accounts for the annual management budget shall include all Owners and of having the same properly audited by an independent certified public accountant;
(e) any items of expenditure which is to be expended are necessarily and reasonably incurred by the Manager for the benefit of all Owners and for the proper and efficient administration, management and maintenance of the Land and the Building (Development or performing its powers and duties under this Deed including but not limited to:
(i) the cost of postage, stationery and other sundry items incurred by the Manager in connection with the management of the Development; and
(ii) due proportion of reasonable expenses of administrative support / back up service (if any) and other office overheads provided by the head office of the Manager which are necessary for the administration and management of the Land and the Development as well as any other lands, developments and buildings and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which directly relate to and are necessarily and reasonably incurred for the administration and/or management and/or maintenance of the Land and the Development as well as any other lands, developments and buildings in such manner as shall be reasonably determined by the Manager having regard to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:-relevant circumstances;
(af) all expenses lawfully incurred by the expenses for management, Manager in carrying out maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the lighting thereof;
(b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable works in respect of the Common Areas and FacilitiesSlope Structures;
(dg) the Manager’s Remuneration;
(h) the premia payable for the insurance of the Common Parts against fire and other perils, third party and property owners' liability, employers' liability and other liabilities as the Manager reasonably deems fit;
(i) the reasonable cost and expense expenses of inspecting, maintaining, repairing and carrying out any necessary works in respect of maintaining the foundations, columns and other structures constructed or to be constructed for the support of the Land Development and the Building and the such other areas or drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the BuildingLand Grant;
(ej) all cost and expenses in relation to the remuneration repair, maintenance and related management of and all other cost and expenses for in relation to the provision of security guard services for Yellow Areas (to the extent that the same have not been re-delivered to the Government in accordance with the Land and Grant), the Building and Xxxxx Area (to the cost extent that the obligation of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the same under the Land Grant has not ceased), the Green Hatched Black Area and the BuildingBored Pile Wall in accordance with the Land Grant;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(hk) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager;Development; and
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly reasonably and necessarily incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure following expenses, costs and charges which is to shall be expended necessarily and reasonably incurred for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building (Development, including but not limited to the Common Areas and Facilities) and, without prejudice to Facilities and the generality of the foregoing, shall include the following costs, charges and expenses:-Greenery Area :-
(a) the expenses necessarily and reasonably incurred for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair repair, cleansing and cleansing lighting of the Common Areas and Facilities and the lighting thereofexclusively;
(b) the expenses necessarily and reasonably incurred for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and FacilitiesFacilities exclusively;
(c) the cost and charges necessarily and reasonably incurred for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilitiesexclusively;
(d) the cost and expense of inspectingnecessarily and reasonably incurred for inspection, maintainingmaintenance, repairing repair and carrying out of any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building Development and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the BuildingGrant;
(e) the remuneration and related expenses necessarily and reasonably incurred for the provision of security guard services for the Land and the Building Development and the cost necessarily and reasonably incurred for employment of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building Development and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Buildingexclusively;
(f) the costs and expenses of purchasing necessarily and reasonably incurred for purchase or hiring of all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the BuildingDevelopment;
(g) the Government rents of the Land under the Government Lease Grant but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and FacilitiesUnits;
(h) the costs and expenses of necessarily and reasonably incurred for refuse collection, storage and disposal in respect of the Land and the Building Development and the Common Areas and FacilitiesFacilities exclusively;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions Clause 4.4 of this Deed for providing its services hereunder;
(kj) the premia for insurance of the Land and the Building Development including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the ManagerDevelopment;
(l) a sum for contingencies and provisions for future deficits;
(mk) the costs and expenses in connection with the necessarily and reasonably incurred for carrying out of all or any of the duties of the Manager as set out in this Deed;
(nl) legal and accounting and surveying fees and all other professional fees properly necessarily and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the BuildingDevelopment;
(om) all costs lawfully incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall or to be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in carrying out maintenance, repair and any other works in respect of the performance Slopes Structures; and
(n) the costs of any duty or in repairing, maintaining and managing the exercise of any power Greenery Area under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate and/or pursuant to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstancesGovernment Grant, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) THAT the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Management Expenses. Subject to the provisions of this Deed, the Management Expenses shall be the expenses, costs and charges necessarily and reasonably incurred in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and under this Deed including (without limitation) the Building (including but not limited to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:-following:
(a) the expenses charges for managementthe supply and consumption of fuel, maintenanceoil, operationelectricity, controlgas, improvementwater, renovation, decoration, ventilation, repair telephone and cleansing of other utility services exclusively serving the Common Areas and Facilities and the lighting thereofParts which are recurring in nature;
(b) the expenses for cultivationpayment of Government rent (if not apportioned), irrigation the payment of Government rent and maintenance rates in respect of the lawns Common Parts and planters and landscaped gardens and areas on all sums (other than the Common Areas and Facilitiespremium paid for the grant of the Land) payable under the Land Grant which are recurring in nature;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the Building;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the Building;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection involved with the management of the Land including staff uniform, salary, bonus, over-time pay, medical insurance and the Building or any other insurance policy considered necessary by the Managerfringe benefits relating to employment;
(ld) a sum for contingencies legal, accounting, surveying and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of other professional fees reasonably and properly incurred by the Manager as set out in exercising or performing its powers and duties under this Deed;
(ne) legal due proportion of the reasonable expenses and accounting and surveying fees and all other professional fees properly administrative expenses of any items of expenditure which are necessarily and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and Development or carrying out its powers and duties under this Deed including (without limitation) due and reasonable expenses for administrative support provided by the Building including but not limited head office of the Manager and other office overheads (if necessarily and reasonably incurred) Provided That the Manager shall record in its books and accounts relating to the details of the expenses involved, the reason for incurring the same, the portion which the Development has to bear and the basis of apportioning such expenses among the developments and buildings involved;
(f) all staff, facilities, office, accountancy, professional, supervisory expenses in relation to maintenance of the Green Area (until possession of which is delivered to the Government) and clerical the Sewage Facilities in accordance with the Land Grant; and
(i) all reasonable expenses reasonably and necessarily lawfully incurred or to be incurred by the Manager in carrying out maintenance repair and other works in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is establishedSlope Structures; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(ij) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMOManager’s Remuneration.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 1 contract
Management Expenses. Subject (a) Each Owner shall bear and pay to the provisions Manager by way of this Deed, equal monthly payment in advance a due proportion of the total amount of the Management Expenses during any period of twelve (12) months adopted by the Manager as the financial year in respect of the management of the Development. Such proportion shall be equal to the number of Management Shares allocated to his House and/or Motorcycle Parking Space as is set out in the annual management budget Second Schedule hereto as it bears to the total number of the Management Shares allocated to the Development.
(b) The Management Expenses shall include cover all expenditure which is to be expended for necessary or reasonably incurred by the benefit of all Owners and Manager for the proper and efficient management and maintenance of the Land and the Building (Development including but not limited to the Common Areas following items :-
(i) the costs and Facilitiesexpenses for carrying out by the Manager any of its duties contained in this Deed;
(ii) and, without prejudice to the generality costs and expenses for carrying out all things reasonably necessary for the enforcement of the foregoing, shall include obligations contained in this Deed for the following costs, charges control management and expenses:-administration of the Development;
(aiii) the costs and expenses for the management, maintenance, operation, control, improvement, renovation, decoration, ventilationcleansing, repair and cleansing maintenance of the Common Areas and Facilities and the lighting Green Area and the Green Stippled Black Area as if they were part of the Common Areas and Facilities until such time as possession of the Green Area and the Green Stippled Black Area shall be redelivered or deemed to have been redelivered to the Government in accordance with the Conditions;
(iv) the costs and expenses for the purpose of purchasing, hiring or otherwise acquiring all plant, apparatus, equipment and machinery for use by the Owners and the occupiers of the Development in connection with their enjoyment of the Common Areas and Facilities;
(v) the premia for insurance of the Common Areas and Facilities against damage by fire and/or other perils and of the Manager against third party or public liability or occupiers’ liability or employees’ compensation risks or any other insurance policy considered necessary by the Manager;
(vi) all reasonable professional fees and costs incurred by the Manager including solicitors and other legal fees and costs, fees and costs of any accountants and/or auditors employed in connection with the preparation or audit of accounts and fees and costs of surveyors, valuers, engineers, architects and others employed in connection with the management and maintenance of the Development;
(vii) the costs and expenses for the provision and maintenance of security services for the Development;
(viii) the costs of employing all necessary persons whether as servants or agents to provide the services requisite for the proper management and maintenance of the Development and any benefits/payments due to such staff including any redundancy/severance pay or any benefit payable on termination of their employment and workmen’s compensation and the costs of the administration thereof with the costs of providing all equipment, insurance cover, clothing and materials reasonably necessary for such purposes;
(ix) the Government rent and all sums (other than the premium, if any) payable under the Conditions (unless separate assessment is made for each House and/or the Motorcycle Parking Space);
(x) all water, electricity, gas, telephone and other service charges except where the same are separately metered to an individual House;
(xi) the costs of the installation and maintenance of all plant, apparatus, equipment, machinery or services affixed to or situate in the Common Areas and Facilities and the costs of reinstatement replacement or renewal thereof;
(bxii) the costs of the refuse disposal and cleaning of the Common Areas and Facilities;
(xiii) all charges, assessments, impositions and other outgoings payable by the Owners in respect of any parts of the Common Areas and Facilities;
(xiv) the costs of postage, stationery and other sundry items incurred by the Manager in connection with the management of the Development;
(xv) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and landscape areas on the Common Areas and Facilities;
(cxvi) a reasonable amount to be approved from time to time by the cost and charges for the supply and consumption of electricity, gas, airOwners’ Committee to cover day-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect to-day expenditure of the Common Areas and FacilitiesDevelopment;
(dxvii) a sum to be determined by a resolution of the Owners for contingencies and provisions for future deficits;
(xviii) all costs and expenses lawfully incurred or to be incurred by the Manager in carrying out the maintenance, repair and any other works of the Slopes and Retaining Walls as required under this Deed;
(xix) the cost costs and expense expenses of inspecting, maintaining, repairing and carrying out any necessary works in respect of maintaining the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building Development and the drains, nullahs, sewers, pipes, watermains water mains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the BuildingConditions;
(exx) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the Building;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager Manager’s Remuneration calculated in accordance with the provisions of this Deed for providing its services hereunder;Clause 4.6; and
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager;
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(uxxi) any other items of expenditure which which, in the sole and absolute discretion of the Manager, are considered to be necessary for the administration, management and or maintenance of the Land Development.
(c) Subject to sub-clauses (e), (g), (h) and (j) hereof, the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred total amount of Management Expenses payable by the Owners during a financial year shall be the total proposed expenditure during that year as specified by the Manager in accordance with sub-clause (d) hereof.
(d) In respect thereof or such proportionate part thereof and for such purposesof each financial year, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless:-
(i) prepare a draft budget setting out the supplies, goods or services are procured by invitation to tender; andproposed expenditure during the financial year;
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) send a copy of the BMO.
(b) Subject draft budget to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ CorporationCommittee or, and the contract is entered into with the successful tenderer; or
(ii) if when there is no Owners’ Corporation
Committee, display a copy of the draft budget in a prominent place in the Development and cause it to remain so displayed for at least seven (17) the supplies, goods or services are procured by invitation to tenderconsecutive days;
(2iii) send or display, as the procurement complies case may be, with the Code of Practice referred to in Section 20A(1) copy of the BMO; anddraft budget a notice inviting each Owner to send his comments on the draft budget to the Manager within a period of fourteen (14) days from the date the draft budget was sent or first displayed;
(3iv) whether after the end of that period, prepare a tender submitted for budget (“Budget”) specifying the purpose is accepted or not is decided by total proposed expenditure during the financial year;
(v) send a resolution copy of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied Budget to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant suppliesCommittee or, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where when there is no Owners’ CorporationCommittee, if
(1) the relevant supplies, goods or services are display a copy of the same type as any supplies, goods or services which are for the time being supplied to the Owners by Budget in a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified prominent place in the resolution, instead of by invitation Development and cause it to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely remain so displayed for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.at least seven
Appears in 1 contract
Samples: Management Agreement
Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building (including but not limited to the Common Areas and Facilities) and, and without prejudice to the generality of the foregoing, foregoing shall include the following costs, charges and expenses:-expenses :-
(a) the expenses for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the lighting thereof;
(b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease Conditions or for the proper functioning of the Building;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipmentsequipment, vehicles and machineries as are required for the management and maintenance of the Land and the Building;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager;
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 1 contract
Management Expenses. Subject to the provisions of this Deed, the Management Expenses shall be the expenses, costs and charges necessarily and reasonably incurred in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and under this Deed including (without limitation) the Building (including but not limited to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:-following:
(a) the expenses charges for managementthe supply and consumption of fuel, maintenanceoil, operationelectricity, controlgas, improvementwater, renovation, decoration, ventilation, repair telephone and cleansing of other utility services serving the Common Areas and Facilities and the lighting thereofParts;
(b) the expenses payment of Government rent (if not apportioned) and all sums (other than the premium paid for cultivation, irrigation and maintenance the grant of the lawns and planters and landscaped gardens and areas on Land) payable under the Common Areas and FacilitiesLand Grant;
(c) the cost of employing staff involved with the management of the Land including staff uniform, salary, bonus, over-time pay, long service pay, medical and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone dental scheme payments and other utilities serving benefits;
(d) legal, accounting, surveying and other professional fees properly incurred by the Common Areas Manager in exercising or performing its powers and Facilities duties under this Deed;
(e) administrative expenses of the Manager relating specifically to the Manager exercising or carrying out its powers and duties under this Deed including (without limitation) costs for administrative support charged by the head office of the Manager and other office overheads;
(f) all charges, assessments, impositions and other outgoings payable by the Owners in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the Building;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the BuildingParts;
(g) the Government rents cost of the Land under the Government Lease but only if no separate assessments are made for the individual Units postage, stationery and other sundry items incurred by the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the ManagerDevelopment;
(lh) a sum for contingencies and provisions for future deficits;
(m) all premia paid under the expenses in connection with the carrying out of all or any of the duties of the Manager as set insurance taken out in accordance with paragraph 2 of Schedule 7 of this Deed;
(ni) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager expenses in carrying out the services provided by this Deed and/or in connection with the management and relation to maintenance of the Green Area (until possession of which is delivered to the Government) under the Land and the BuildingGrant;
(oj) all costs expenses incurred in connection with relation to the Common Areas and FacilitiesSlope Structures;
(pk) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable all expenses in relation to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed or any Deed(s) of Grant of Easement;
(u) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is establishedOff-site Areas; and
(a) Subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(il) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMOManager’s Remuneration.
(b) Subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "relevant supplies, goods or services")
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 1 contract
Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building (including but not limited to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:-
(a) the expenses for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the lighting thereof;
(b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the Building;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the Building;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to the Deed of Dedication, the Deed of Mutual Grant and/or any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager;
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and Facilities;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed, the Deed of Dedication, the Deed of Mutual Grant or any Deed(s) of Grant of Easement;
(u) the cost of repairing and maintaining all roads slopes footbridges retaining walls masonry walls (if any) and other structures on outside or adjacent to the Land or forming part of the Development including but not limited to the Slope Structures and in accordance with “Geoguide 5 - Guide to Slope Maintenance” issued by the Geotechnical Engineering Office as amended from time to time and the Slope Maintenance Manual;
(v) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to provisions in Schedule 7 to the BMO and subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to provisions in Schedule 7 to the BMO and subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "“relevant supplies, goods or services"”)
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 1 contract
Management Expenses. Subject to the provisions of this Deed, the Management Expenses in the annual management budget shall include all expenditure which is to be expended for the benefit of all Owners and for the proper and efficient management and maintenance of the Land and the Building (including but not limited to the Common Areas and Facilities) and, without prejudice to the generality of the foregoing, shall include the following costs, charges and expenses:-
(a) the expenses for management, maintenance, operation, control, improvement, renovation, decoration, ventilation, repair and cleansing of the Common Areas and Facilities and the Passage Area and the lighting thereof;
(b) the expenses for cultivation, irrigation and maintenance of the lawns and planters and landscaped gardens and areas on the Common Areas and Facilities;
(c) the cost and charges for the supply and consumption of electricity, gas, air-conditioning, water, telephone and other utilities serving the Common Areas and Facilities and charges, assessments, impositions and outgoings payable in respect of the Common Areas and Facilities;
(d) the cost and expense of inspecting, maintaining, repairing and carrying out any necessary works in respect of the foundations, columns and other structures constructed or to be constructed for the support of the Land and the Building and the drains, nullahs, sewers, pipes, watermains and channels and such other areas whether within or outside the Land (including but not limited to the Passage Area) serving the Building or that are required to be maintained under the Government Lease or for the proper functioning of the Building;
(e) the remuneration and related expenses for the provision of security guard services for the Land and the Building and the cost of employing caretakers, security guards, watchmen, cleaners, lift operators and attendants and such other staff to manage and administer the Land and the Building and the Common Areas and Facilities therein and the expenses of training of the said caretakers, security guards, watchmen and such other staff employed for management of the Building;
(f) the costs and expenses of purchasing or hiring all necessary plants, equipments, vehicles and machineries as are required for the management and maintenance of the Land and the Building;
(g) the Government rents of the Land under the Government Lease but only if no separate assessments are made for the individual Units and the Manager decides, in its discretion, that the same shall be included as part of the Management Expenses and thereafter the Government rents (if any) in respect of the Common Areas and Facilities;
(h) the costs and expenses of refuse collection, storage and disposal in respect of the Land and the Building and the Common Areas and Facilities;
(i) the expenses and all sums payable under or pursuant to the Deed of Mutual Grant and/or any Deed(s) of Grant of Easement;
(j) the remuneration of the Manager calculated in accordance with the provisions of this Deed for providing its services hereunder;
(k) the premia for insurance of the Land and the Building including but not limited to the Common Areas and Facilities to the full new reinstatement value against loss or damage by fire and/or other perils and of the Manager against third party or public liability and occupiers’ liability and employer’s liability in respect of employees employed within or exclusively in connection with the management of the Land and the Building or any other insurance policy considered necessary by the Manager;
(l) a sum for contingencies and provisions for future deficits;
(m) the expenses in connection with the carrying out of all or any of the duties of the Manager as set out in this Deed;
(n) legal and accounting and surveying fees and all other professional fees properly and reasonably incurred by the Manager in carrying out the services provided by this Deed and/or in connection with the management and maintenance of the Land and the Building;
(o) all costs incurred in connection with the Common Areas and FacilitiesFacilities and the Passage Area;
(p) any tax payable by the Manager on any of the sums held by it under the provisions of this Deed PROVIDED THAT any tax payable on the Manager’s remuneration shall be borne and paid by the Manager;
(q) the licence fees (if any) payable to the Government for laying of drains and channels which serve the Building within or under the Government land adjacent to the Land;
(r) a sinking fund for emergencies;
(s) the cost of operating the shuttle bus services (if any) to and from the Building;
(t) any other costs, charges and expenses properly incurred by the Manager in the performance of any duty or in the exercise of any power under this Deed, the Deed of Mutual Grant or any Deed(s) of Grant of Easement;
(u) the cost of repairing and maintaining all roads slopes footbridges retaining walls masonry walls (if any) and other structures on outside or adjacent to the Land or forming part of the Development including but not limited to the Slope Structures and in accordance with “Geoguide 5 - Guide to Slope Maintenance” issued by the Geotechnical Engineering Office as amended from time to time and the Slope Maintenance Manual;
(v) any other items of expenditure which are necessary for the administration, management and maintenance of the Land and the Building including but not limited to all staff, facilities, office, accountancy, professional, supervisory and clerical expenses reasonably and necessarily incurred by the Manager in respect thereof or such proportionate part thereof and for such purposes, the Manager shall be entitled to apportion any such items of expenditure which relate to the administration and/or management and/or maintenance of the Land and the Building as well as any other land(s) and building(s) in such manner as shall be determined in the reasonable discretion of the Manager having regard to the relevant circumstances, PROVIDED THAT
(1) the expenditure for improvement to the Common Areas and Facilities by the Manager shall not exceed ten per cent (10%) of the current annual management budget, save with the prior approval of the Owners by passing a resolution at the meeting of the Owners convened under this Deed;
(2) the expenditure of a capital nature for the replacement, improvement and renovation of installations, systems, equipment, tools, plant, machinery and apparatus within or forming part of the Common Areas and Facilities shall be compiled in a separate heading within the appropriate section of the annual management budget and shall be payable out of the Special Fund mentioned in Clause 5.8 of this Deed when the same is established; and
(a) Subject to provisions in Schedule 7 to the BMO and subject to proviso (3)(b) and (c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed the sum of HK$200,000 or such other sum in substitution therefor as the Authority may specify by notice in the Gazette unless
(i) the supplies, goods or services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO.
(b) Subject to provisions in Schedule 7 to the BMO and subject to proviso (3)(c) below, the Manager shall not enter into any contract for the procurement of any supplies, goods or services the value of which exceeds or is likely to exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget or such other percentage in substitution therefor as the Authority may specify by notice in Gazette unless:
(i) if there is an Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the BMO; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Proviso (3)(a) and (b) above do not apply to any supplies, goods or services which but for this proviso (3)(c) would be required to be procured by invitation to tender (referred to in this proviso (3)(c) as the "“relevant supplies, goods or services"”)
(i) where there is an Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(4) notwithstanding anything to the contrary contained in this Deed, where, in the opinion of the Manager, any expenditure relates solely to or is solely for the benefit of any Unit and no Owner of any other Unit would receive any material benefit therefrom, and the Manager considers that it is appropriate to do so under the circumstances, the Manager may decide (whose decision shall be final and binding) to require that the full amount of such expenditure shall be borne by the Owner of that Unit.
Appears in 1 contract
