MEETINGS OF THE OWNERS. (5:01) In addition to the first Owners’ general meeting as mentioned in Clause (4:01) of this Deed, from time to time as occasion may require there shall be meetings of the Owners for the time being to discuss and decide on matters concerning the Lot and/or the Development as hereinafter mentioned and in regard to such meetings the following provisions shall apply :- (a) One such meeting to be known as the annual meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed for the purpose of electing the members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting. (b) A meeting of Owners may be convened by (i) the Owners’ Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. The person convening the meeting of Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner. (c) The notice of meeting referred to in sub-clause (b) above shall specify:- (i) the date, time and place of the meeting; and (ii) the resolutions (if any) that are to be proposed at the meeting. (d) The notice of meeting referred to in sub-clause (b) above may be given :- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unit. (e) No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to business. For the purpose of this sub-clause, the reference to “10% of the Owners” shall (i) 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 Development is divided; and
Appears in 1 contract
MEETINGS OF THE OWNERS. (5:01) In addition to the first Owners’ general meeting as mentioned in Clause (4:01) of this Deed, from time to time as occasion may require there shall be meetings of the Owners for the time being to discuss and decide on matters concerning the Lot and/or the Development as hereinafter mentioned and in regard to such meetings the following provisions shall apply :-
(a) One such meeting to be known as the annual meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed Deed, not earlier than 12 months and not later than 15 months after the date of the first or previous annual general meeting, for the purpose of electing the members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting.
(b) A meeting of Owners may be convened by (i) the Owners’ Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. The person convening the meeting of Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
(c) The notice of meeting referred to in sub-clause (b) above shall specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(d) The notice of meeting referred to in sub-clause (b) above may be given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unit.
(e) No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to business. For the purpose of this sub-clause, the reference to “10% of the Owners” shall (i) 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 Development is divided; and
Appears in 1 contract
MEETINGS OF THE OWNERS. (5:01) In addition 1. Subject to the first Owners’ Clause A13 of this Section, an annual general meeting as mentioned of the Owners of the Development shall be held at least once a year (but in Clause any event not later than fifteen (4:0115) months after the preceding annual general meeting) commencing with the year following that in which the Occupation Permit is issued. The Owners of this Deed, the Development may meet from time to time as occasion may require there shall be meetings of the Owners for the time being to discuss and decide on matters concerning the Lot and/or management of the Land and the Development.
2. The annual general meeting and any meeting of the Owners of the Development as hereinafter mentioned and in regard to such meetings the following provisions shall apply :-
(a) One such meeting to be known as the annual meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed for the purpose of electing the members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting.
(b) A meeting of Owners may be convened by (i) the Owners’ Committee; (ii) , the Manager; Manager or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares undivided shares in aggregateaggregate in the Land and the Development. 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.
(c) . The notice of meeting referred to in sub-clause (b) above shall specify:-
(i) specify the date, time and place of the meeting; and
(ii) meeting and the resolutions (if any) that are to be proposed at the meeting.
(d) . The notice of meeting referred to in sub-clause (b) above may be given given:-
(ia) by delivering it personally to the Owner;
(iib) by sending it by post to the Owner at his last known address; or
(iiic) by leaving it at the Owner's ’s Residential Unit or depositing it in the letter box for that Residential Unit. Provided however that a meeting of the Owners other than an annual general meeting may be convened by the Manager or the Owners' Committee or an Owner appointed to convene such a meeting by Owners who hold not less than 5% of all the undivided shares in aggregate in the Land and the Development by notice in the manner previously set out or by giving such notice to the Manager who shall as soon as possible convene a meeting in the manner previously set out.
(e) 3. No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to businessbusiness and 10% of the Owners shall be a quorum. For the purpose of this sub-clause, the reference to “10% of the Owners” shall shall:
(ia) 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 undivided shares of the Development; and
(b) not be construed as the Owners of 10% of the undivided shares in aggregate.
4. The only persons entitled to attend any such meeting and vote thereat shall be Owners of the Development or the representative or representatives of the Owner or Owners of the Development duly appointed by the Owner or Owners in writing.
5. A meeting of the Owners shall be presided over by the Chairman of the Owners’ Committee or, if the meeting is divided; andconvened by the Manager or an Owner appointed to convene such a meeting by the Owners of not less than 5% of the undivided shares in aggregate, the person convening the meeting.
(a) All resolutions passed at such meeting by a majority of the Owners present in person or by proxy and voting shall be binding on all the Owners and the Manager of the Development Provided that such resolutions shall not be contrary to any of the covenants terms and conditions contained in this Deed and the Government Grant.
(b) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the Building Management Ordinance (Chapter 344 of the Laws of Hong Kong), and shall be signed by the Owner, or if the Owner is a body corporate, shall, notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of that body corporate and signed by a person authorized by the body corporate in that behalf. The instrument appointing a proxy shall be lodged with the Chairman of the Owners’ Committee or, if the meeting is convened by the Manager or by an Owner appointed to convene such a meeting by the Owners of not less than 5% of the undivided shares in aggregate, the person convening the meeting at least 48 hours before the time for the holding of the meeting. 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.
(c) The procedure at a meeting of the Owners shall be as is determined by the Owners.
7. A resolution put to the vote of the meeting shall be decided by majority of votes by a poll to be taken at such time and in such manner as the Manager shall direct.
8. Subject to Clause 15 of this Subsection A, at a meeting of the Owners, an Owner shall have one vote in respect of each undivided share he owns.
9. Where two (2) or more persons are the co-owners of an undivided share, and the vote in respect of that share may be cast (a) by a proxy jointly appointed by the co-Owners,
Appears in 1 contract
Samples: Deed of Assignment
MEETINGS OF THE OWNERS. (5:01) In addition to the first Owners’ general meeting as mentioned in Clause (4:01) of this Deed, from time to time as occasion may require there shall be meetings of the Owners for the time being to discuss and decide on matters concerning the Lot and/or the Development Estate as hereinafter mentioned and in regard to such meetings the following provisions shall apply :-
(a) One such meeting to be known as the annual meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed for the purpose of electing the members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting.
(b) A meeting of Owners may be convened by (i) the Owners’ Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. The person convening the meeting of Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
(c) The notice of meeting referred to in sub-clause (b) above shall specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(d) The notice of meeting referred to in sub-clause (b) above may be given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unit.
(e) No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to business. For the purpose of this sub-clause, the reference to “10% of the Owners” shall (i) 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 Development Estate is divided; and
Appears in 1 contract
MEETINGS OF THE OWNERS. (5:01) In addition to the first Owners’ general meeting as mentioned in Clause (4:01) of this Deed, from 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 on matters concerning the Lot and/or the Development as hereinafter mentioned and in regard to such meetings meeting the following provisions shall apply :-
(a) One The Manager will call the first meeting, as soon as possible but not later than 9 months of the signing of this Deed, to appoint the Owners' Committee and the Chairman of the Owners' Committee or to appoint a management committee for the purpose of forming an Owner’s Corporation under the Building Management Ordinance.
(b) Thereafter a meeting other than such meeting to be known as the annual general meeting may be convened by the Manager, the Owners' Committee or Owners of not less than 5% of the Undivided Shares in aggregate.
(c) An annual general meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed for the purpose inter alia of electing the or removing members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting' Committee.
(bd) A Every such meeting of Owners may shall be convened by (i) the Owners’ Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. The person convening the meeting of Owners shall, at least 14 days before days' notice in writing specifying the date of the meeting, give notice of the meeting to each Owner.
(c) The notice of meeting referred to in sub-clause (b) above shall specify:-
(i) the date, time and place of meeting and the meeting; and
(iimatter(s) to be discussed and the resolutions (if any) that are to be proposed at the meeting.
(d) The notice of meeting referred to in sub-clause (b) above may be given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unitproposed.
(e) No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to business. For business and, subject to Clause 2(a) in Section VIII, Owners present in person or by proxy who in the purpose of this sub-clause, the reference aggregate are entitled to “10% not less than 1/10th of the Owners” shall (i) be construed as a reference to 10% of the total 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 Lot and the Development are divided shall be a quorum at any such meeting.
(f) Subject to Clause 2(b) in Section VIII, the Chairman of the Owners’ Committee shall be the chairman of the meeting. In the absence of the Chairman of the Owners’ Committee, the Owners present at each meeting shall choose one of their members to be the chairman for that meeting.
(g) The Chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
(h) At a meeting of Owners :-
(i) Each Owner shall have 1 vote in respect of each Undivided Share that he owns;
(ii) The votes of Owners may be given either personally or by proxy;
(iii) if a share is divided; andjointly owned by 2 or more persons, the votes in respect of that share may be cast :-
Appears in 1 contract
Samples: Indenture
MEETINGS OF THE OWNERS. (5:01) In addition to the first Owners’ general meeting as mentioned in Clause (4:01) of this Deed, from time to time as occasion may require there shall be meetings of the Owners for the time being to discuss and decide on matters concerning the Lot and/or the Development as hereinafter mentioned and in regard to such meetings the following provisions shall apply :-
(a) One such meeting to be known as the annual meeting shall be held, in so far as is practicable, once in each calendar year commencing with the year following the first Owners’ general meeting mentioned in Clause (4:01) of this Deed Deed, not earlier than 12 months and not later than 15 months after the date of the first or previous annual general meeting, for the purpose of electing the members of the Owners’ Committee and transacting any other business of which due notice is given in the notice convening the meeting.
(b) A meeting of Owners may be convened by (i) the Owners’ Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners of not less than 5% of the Undivided Shares in aggregate. The person convening the meeting of Owners shall, at least 14 days before the date of the meeting, give notice of the meeting to each Owner.
(c) The notice of meeting referred to in sub-clause (b) above shall specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(d) The notice of meeting referred to in sub-clause (b) above may be given :-given:-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unit.
(e) No business shall be transacted at any meeting unless a quorum which shall be 10% of the Owners is present when the meeting proceeds to business. For the purpose purposes of this sub-clause, the reference to “10% of the Owners” shall (i) 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 Development is divided; and (ii) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
(f) A meeting of Owners shall be presided over by the Chairman of the Owners' Committee or, if the meeting is convened by the Manager or the Owner appointed to convene such meeting by Owners of not less than 5% of the Undivided Shares in aggregate, the person convening the meeting.
(g) The Chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
(h) The procedure at a meeting of Owners shall be as is determined by the Owners.
(i) Except as provided in Clauses (3:01:01), (3:01:02) and (6:10), resolutions shall be passed by a simple majority vote of those Owners present in person or by proxy at the meeting and voting in proportion to the number of Undivided Shares held.
(j) At a meeting of Owners:-
(i) an Owner shall have one vote in respect of each Undivided Share he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-owners of an Undivided Share, the vote in respect of the Undivided Share may be cast :-
(1) by a proxy jointly appointed by the co-owners;
(2) by a person appointed by the co-owners from amongst themselves; or
(3) if no appointment is made under sub-sub-clause (1) or (2) above, either by one of the co-owners personally or by a proxy appointed by one of the co-owners;
(iv) 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
(v) if there is an equality of votes the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(k) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A of the Building Management Ordinance (Cap. 344), 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.
(l) The instrument appointing a proxy shall be lodged with the Chairman of the Owners' Committee or, if the meeting is convened by the Manager or the Owner as mentioned in sub-clause (b)(iii) above, the person convening the meeting at least 48 hours before the time for the holding of the meeting.
(m) 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.
(n) Subject to Clauses (3:01:01), (3:01:02) and (6:10), any resolution on any matter concerning the Lot and the Development passed at a duly convened meeting by a simple majority vote of the Owners present in person or by proxy and voting shall be binding on all the Owners entitled to attend and vote at such meeting PROVIDED that :-
(i) the notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution concerning such matters;
(ii) no resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid; and
(iii) no resolution shall be valid to the extent that it purports to alter or amend the provisions of this Deed or is inconsistent herewith save as specifically provided herein or in the Government Grant.
(o) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(p) In no circumstances shall more than one vote be cast in respect of each Undivided Share.
Appears in 1 contract
