Meeting of Owners. From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:- 8.1 A meeting of Owners may be convened by:- (a) the Owners’ Committee; (b) the Manager; or (c) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. 8.2 The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. 8.3 The notice of meeting referred to in Clause 8.2 above shall specify:- (a) the date, time and place of the meeting; and (b) the resolutions (if any) that are to be proposed at the meeting. 8.4 The notice of meeting referred to in Clause 8.2 above may be given:- (a) by delivering it personally to the Owner; (b) by sending it by post to the Owner at his last known address; or (c) by leaving it at the Owner’s flat or depositing it in the letter box for that flat. 8.5 The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business. 8.6 For the purposes of Clause 8.5 above, the reference in that sub-clause to “10% of the Owners” shall:- (a) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are divided; and (b) not be construed as the Owners of 10% of the Undivided Shares in aggregate. 8.7 A meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(b) or 8.1(c)(iii), the person convening the meeting. The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof. 8.8 At a meeting of Owners:- (a) an Owner shall have one vote in respect of each Undivided Share he owns; (b) an Owner may cast a vote personally or by proxy; (c) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast – (i) by a proxy jointly appointed by the co-Owners; (ii) by a person appointed by the co-Owners from amongst themselves; or (iii) if no appointment is made under paragraph (i) or (ii) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners; (d) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (e) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (a) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:- (i) shall be signed by the Owner; or (ii) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf. (b) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(b) or 8.1(c) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting. (c) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting. 8.10 The procedure at a meeting of Owners shall be as is determined by the Owners. 8.11 Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:- (a) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters. (b) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid. (c) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed. (d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager. (e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:- (i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid. (ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1. (f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners. (g) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat. (h) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deed, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-apply :-
8.1 (a) A meeting of Owners may be convened by:-by :-
(ai) the Owners’ ' Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than five per cent (5% %) of the Undivided Shares in aggregateaggregate excluding the Undivided Shares allocated to the Common Areas and Facilities.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 8.1(b) above may be given:-given -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat 's Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the OwnersOwners present in person or by proxy. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “"10% of the Owners” shall:-" shall :-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(b8.1(a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-the Owners :-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph (iClause 8.1(g)(iii)(A) or (ii) aboveB), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(b8.1(a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 forty-eight (48) hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(gk) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(hl) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deedabovementioned, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 VIII and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Meeting of Owners. From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-
8.1 A meeting of Owners may be convened by:-
(a) the Owners’ Committee;
(b) the Manager; or
(c) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The notice of meeting referred to in Clause 8.2 above 如 上 shall specify:-
(a) the date, time and place of the meeting; and
(b) the resolutions (if any) that are to be proposed at the meeting.
8.4 The notice of meeting referred to in Clause 8.2 above 如 上 may be given:-
(a) by delivering it personally to the Owner;
(b) by sending it by post to the Owner at his last known address; or
(c) by leaving it at the Owner’s flat or depositing it in the letter box for that flat.
8.5 The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 For the purposes of Clause 8.5 above如 上 , the reference in that sub-clause to “10% of the Owners” shall:-
(a) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are divided; and
(b) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 A meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(b) or 8.1(c)(iii), the person convening the meeting. The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 At a meeting of Owners:-
(a) an Owner shall have one vote in respect of each Undivided Share he owns;
(b) an Owner may cast a vote personally or by proxy;
(c) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –
(i) by a proxy jointly appointed by the co-Owners;
(ii) by a person appointed by the co-Owners from amongst themselves; or
(iii) if no appointment is made under paragraph (i) or (ii) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(d) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(e) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(a) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-
(i) shall be signed by the Owner; or
(ii) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(b) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(b) or 8.1(c) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(c) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(a) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(b) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(c) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(g) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(h) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deed, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 1 contract
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-apply :-
8.1 (a) A meeting of Owners may be convened by:-by :-
(ai) the Owners’ Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 sub-clause (b) above may be given:-given -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “10% of the Owners” shall:-shall :-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(be) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 A meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-Owners :-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (iiB) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(div) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(ev) Without prejudice A resolution may be passed to anything herein containeddismiss the Manager by giving the Manager not less than three (3) months’ notice in writing or in lieu of such notice, with an agreement to be made with the Manager for the payment to the Manager of a sum equal to the amount of remuneration which would have accrued to him during that period, but no such resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) 50% of the total number of Undivided Shares in the Development namely:-(excluding the Undivided Shares allocated to the Common Areas and Facilities).
(ivi) Upon For the expiration purposes of the said term of years to which sub-clause (j)(v) only:-
(A) only the Owners of Undivided Shares who pay or who are entitled under and by virtue of liable to pay the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may management contribution relating to those Undivided Shares shall be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.vote; and
(iiB) A resolution the reference in the said sub-clause (j)(v) to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by “the Owners holding of not less than seventy-five per cent (75%) 50% of the total number of Undivided Shares” shall be construed as a reference to the Owners of not less than 50% of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Ownersare entitled to vote.
(gk) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(hl) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deedabovementioned, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 VIII and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 1 contract
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-apply :-
8.1 (a) A meeting of Owners may be convened by:-by :-
(ai) the Owners’ Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 sub-clause (b) above may be given:-given -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “10% of the Owners” shall:-shall :-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-Owners :-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –-
(i1) by a proxy jointly appointed by the co-Owners;
(ii2) by a person appointed by the co-Owners from amongst themselves; or
(iii3) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (iiB) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(i1) shall be signed by the Owner; or
(ii2) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(div) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out out.
(v) A resolution may be passed to dismiss the Manager by giving the Manager not less than three (3) months’ notice in writing or in lieu of such notice, with an agreement to be made with the Manager for the payment to the Manager of a sum equal to the amount of remuneration which would have accrued to him during that period, but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) 50% of the total number of Undivided Shares in the Development namely:-(excluding the Undivided Shares allocated to the Common Areas and Facilities).
(ivi) Upon For the expiration purposes of the said term of years to which sub-clause (j)(v) only:-
(A) only the Owners of Undivided Shares who pay or who are entitled under and by virtue of liable to pay the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may management contribution relating to those Undivided Shares shall be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.vote; and
(iiB) A resolution the reference in the said sub-clause (j)(v) to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by “the Owners holding of not less than seventy-five per cent (75%) 50% of the total number of Undivided Shares” shall be construed as a reference to the Owners of not less than 50% of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Ownersare entitled to vote.
(gk) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(hl) For No resolution of the avoidance meeting of doubt and notwithstanding anything to Owners should adversely affect the contrary contained in this Deeduse, operation or maintenance of the person in whom the Government Accommodation or any part thereof.
(m) The Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no not carry any voting right in respect of such Undivided Shares in rights at any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such or liability to pay any fees or charges under this Deed. Such Undivided Shares shall not be taken into account in determining for the purpose of calculating the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges meeting under this Deed Deed, the Building Management Ordinance or any Sub-Deedotherwise.
Appears in 1 contract
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-apply :-
8.1 (a) A meeting of Owners may be convened by:-by :-
(ai) the Owners’ Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 sub-clause (b) above may be given:-given -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “10% of the Owners” shall:-shall :-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-Owners :-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (ii) aboveB), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub- clause (a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(div) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(ev) Without prejudice A resolution may be passed to anything herein containeddismiss the Manager by giving the Manager not less than three (3) months’ notice in writing or in lieu of such notice, with an agreement to be made with the Manager for the payment to the Manager of a sum equal to the amount of remuneration which would have accrued to him during that period, but no such resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) 50% of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(g) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(h) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deed, the person in whom excluding the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all Facilities).
(vi) For the purposes of sub-clause (j)(v) only:-
(A) only the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed who pay or who are liable to pay the Building Management Ordinance or otherwise and such management contribution relating to those Undivided Shares shall be entitled to vote; and
(B) the reference in the said sub-clause (j)(v) to “the Owners of not less than 50% of the total number of Undivided Shares” shall be taken into account in determining construed as a reference to the quorum Owners of any meetings or for determining not less than 50% of the total number of Undivided Shares in the Development referred who are entitled to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deedvote.
Appears in 1 contract
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-
8.1 A meeting of Owners may be convened by:-apply: -
(a) the Manager shall call the first meeting of the Owners as soon as possible but, in any event, not later than 9 months after the date of this Deed (and to call further and subsequent meetings if required), which meeting shall appoint a chairman and other members of the Owners’ Committee or shall appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance;
(b) a meeting of Owners, other than the annual general meeting, may be validly convened by: -
(i) the Owners’ Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners for the time being of not less than 5% of the total number of Undivided Shares in aggregate.aggregate (excluding the Undivided Shares allocated to the Common Areas and Facilities);
8.2 The (c) one such meeting to be known as the annual general meeting shall be convened by the Manager or the Owners’ Committee and shall be held once in each calendar year not later than fifteen (15) months following the first meeting of the Owners for the purpose of electing the chairman and other members of the Owners’ Committee or the appointment of a management committee of the Owners’ Corporation and transacting any other business of which due notice is given in the notice convening such meeting;
(d) the person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-specify: -
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.;
8.4 The (e) the notice of meeting referred to in Clause 8.2 sub-clause (d) above may be given:-given: -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat Unit or depositing it in the letter box for that flat.Unit;
8.5 The (f) the quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “10% of the Owners” shall:-shall: -
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.;
8.7 A (g) a meeting of Owners shall be presided over by the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (b)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. The ;
(h) the chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.;
8.8 At (i) at a meeting of Owners:-Owners: -
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –cast: -
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (iiB) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.;
(ai) An an instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.;
(bii) The the instrument appointing a proxy shall be lodged with the chairman of the Owners’ Committee or, if the meeting is convened under Clause 8.1(bsub-clause (b)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.;
(ciii) A a proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.;
8.10 The (k) the procedure at a meeting of Owners shall be as is determined by the Owners.;
8.11 Save (l) save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-follows: -
(ai) The the notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.;
(bii) No no resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.;
(ciii) No no resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.;
(div) A a resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out out;
(v) a resolution may be passed to dismiss the Manager by giving the Manager not less than three (3) months’ notice in writing or in lieu of such notice, with an agreement to be made with the Manager for the payment to the Manager of a sum equal to the amount of remuneration which would have accrued to him during that period, but no such resolution shall be valid unless such resolution is passed by the Owners of not less than 50% of the total number of Undivided Shares in the Development (excluding the Undivided Shares allocated to the extent that it purports Common Areas and Facilities);
(vi) for the purposes of sub-clause (l)(v) only: -
(A) only the Owners of Undivided Shares who pay or who are liable to take away or abrogate or prevent pay the exercise management contribution relating to those Undivided Shares shall be entitled to vote; and
(B) the reference in the said sub-clause (l)(v) to “the Owners of any not less than 50% of the powers total number of Undivided Shares” shall be construed as a reference to the Owners of not less than 50% of the Manager.total number of Undivided Shares who are entitled to vote;
(em) Without prejudice to anything herein containednotwithstanding the provisions of Clause 7.11(a)(i) and sub-clause (l) above, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-namely: -
(i) Upon upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.;
(ii) A a resolution to rebuild or redevelop the Development otherwise than (but excluding the resolutions passed or to be passed in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(g) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(h) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deed, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.Clauses 9.1 and
Appears in 1 contract
Samples: Deed of Mutual Covenant
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-apply :-
8.1 (a) A meeting of Owners may be convened by:-by :-
(ai) the Owners’ ' Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 sub-clause (b) above may be given:-given -
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat 's Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “"10% of the Owners” shall:-" shall :-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-Owners :-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (ii) aboveB), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(gk) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(hl) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deedabovementioned, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 VIII and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
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Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-
8.1 (a) A meeting of Owners may be convened by:-
(ai) the Owners’ ' Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in Clause 8.2 sub-clause (b) above may be given:-
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat 's Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be 10% of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause to “"10% of the Owners” " shall:-
(ai) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are were divided; and
(bii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-
(ai) an Owner shall have one vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –cast:-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (iiii)(A) or (ii) aboveB), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided PROVIDED as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(g) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(hk) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deedabovementioned, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 1 contract
Meeting of Owners. 8.1 From time to time as occasion may require there shall be meetings of the Owners for the time being of the Undivided Shares to discuss and decide matters concerning the Land and the Development and in regard to such meetings the following provisions shall apply:-
8.1 (a) A meeting of Owners may be convened by:-
(ai) the Owners’ ' Committee;
(bii) the Manager; or
(ciii) an Owner appointed to convene such a meeting by the Owners of not less than 5% five (5)% of the Undivided Shares in aggregateaggregate excluding the Undivided Shares allocated to the Common Areas and Facilities.
8.2 (b) The person convening the meeting of the Owners shall, at least 14 fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner.
8.3 The . Such notice of meeting referred to in Clause 8.2 above shall specify:-
(ai) the date, time and place of the meeting; and
(bii) the resolutions (if any) that are to be proposed at the meeting.
8.4 (c) The notice of meeting referred to in sub-clause (b) of Clause 8.2 8.1 of Section VIII above may be given:-
(ai) by delivering it personally to the Owner;
(bii) by sending it by post to the Owner at his last known address; or
(ciii) by leaving it at the Owner’s flat 's Unit or depositing it in the letter box for that flatUnit.
8.5 (d) The quorum at a meeting of Owners shall be ten per cent (10% %) of the Owners. No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business.
8.6 . For the purposes of Clause 8.5 abovethis sub-clause, the reference in that this sub-clause (d) of Clause 8.1 of Section VIII to “"ten per cent (10% %) of the Owners” " shall:-
(ai) be construed as a reference to ten per cent (10% %) of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Land and the Development are dividedShares; and
(bii) not be construed as the Owners of ten per cent (10% %) of the Undivided Shares in aggregate.
8.7 (e) A meeting of Owners shall be presided over by the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c)(iii)(iii) of Clause 8.1 of Section VIII above, the person convening the meeting. .
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
8.8 (g) At a meeting of Owners:-
(ai) an Owner shall have one (1) vote in respect of each Undivided Share he owns;
(bii) an Owner may cast a vote personally or by proxy;
(ciii) where 2 two (2) or more persons are the co-Owners of an Undivided Share, the vote in respect of the Undivided Share may be cast –cast:-
(iA) by a proxy jointly appointed by the co-Owners;
(iiB) by a person appointed by the co-Owners from amongst themselves; or
(iiiC) if no appointment is made under paragraph sub-sub-clause (ig)(iii)(A) or (iiB) above, either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners;
(div) where 2 two (2) or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co- co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(ev) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(ai) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance, and:-and
(iA) shall be signed by the Owner; or
(iiB) if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorized by the body corporate in that behalf.
(bii) The instrument appointing a proxy shall be lodged with the chairman of the Owners’ ' Committee or, if the meeting is convened under Clause 8.1(bsub-clause (a)(ii) or 8.1(c(iii) of Clause 8.1 of Section VIII above, the person convening the meeting at least 48 forty-eight (48) hours before the time for the holding of the meeting.
(ciii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at the meeting.
8.10 (i) The procedure at a meeting of Owners shall be as is determined by the Owners.
8.11 (j) Save as otherwise herein provided any resolution on any matter concerning the Development passed by a simple majority of votes at a duly convened meeting by the Owners present in person or by proxy and voting shall be binding on all the Owners of the Development Provided as follows:-
(ai) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(bii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(ciii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed or any Sub-Deed.
(d) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out but no such resolution shall be valid to the extent that it purports to take away or abrogate or prevent the exercise of any of the powers of the Manager.
(e) Without prejudice to anything herein contained, no resolution in respect of any of the matters hereinafter referred to shall be valid unless such resolution is passed by the Owners of not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development namely:-
(i) Upon the expiration of the said term of years to which the Owners are entitled under and by virtue of the Government Grant or in the event of the Government taking any action by way of earlier re-entry thereunder in such circumstances that the Owners for the time being may be entitled to a renewal or extension or re-grant thereof or to a new lease term upon such terms and conditions as the Government shall offer, whether and in what manner to pay any premium, rent or other charges and expenses payable in respect thereof and generally any other matter relating to the continuance or renewal of the Government Grant as aforesaid.
(ii) A resolution to rebuild or redevelop the Development otherwise than in accordance with Clause 9.1.
(f) Without affecting the provisions herein contained requiring certain matters to be decided only by resolutions passed by the Owners holding not less than seventy-five per cent (75%) of the total number of Undivided Shares in the Development, a resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than one half of the total number of Undivided Shares in the Development shall be as valid and effectual as if it had been passed at a duly convened meeting of such Owners.
(gk) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(h) For the avoidance of doubt and notwithstanding anything to the contrary contained in this Deed, the person in whom the Undivided Shares allocated to the Common Areas and Facilities are vested as trustee for all the Owners shall have no voting right in respect of such Undivided Shares in any meeting whether under this Deed, any Sub-Deed or the Building Management Ordinance or otherwise and such Undivided Shares shall not be taken into account in determining the quorum of any meetings or for determining the total number of Undivided Shares in the Development referred to in this Section 8 and such Undivided Shares shall not carry any liability to pay charges under this Deed or any Sub-Deed.
Appears in 1 contract
