OWNERS’ COMMITTEE. 7.1 The Manager shall convene the first meeting of the Owners as soon as possible but in any event not later than nine months after the date of this Deed (and to convene further and subsequent meetings if required) to :- (a) appoint an Owners’ Committee and the chairman thereof; or (b) appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance. 7.2 The Owners’ Committee shall consist of nine (9) members. The members of the Owners’ Committee shall be made up of: (a) six (6) members shall be elected from the Owners of Residential Units; (b) two (2) members shall be elected from the Owners of the Parking Spaces; and (c) one (1) member shall be appointed by the Owner of the Government Accommodation. 7.3 The functions of the Owners’ Committee shall include the following :- (a) the representing of the Owners in all dealings with the Manager; (b) the undertaking of such other duties as the Manager may, with their approval, delegate to them; (c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager; (d) the approval of the Development Rules made from time to time by the Manager; (e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof; and (f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents. 7.4 The following persons shall be eligible for membership of the Owners’ Committee :- (a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee. (b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the Development. 7.5 A member of the Owners’ Committee shall hold office until :- (a) he resigns by notice in writing to the Owners’ Committee; or (b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or (c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or (d) he becomes incapacitated by physical or mental illness or death; or (e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created. 7.6 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two members of the Owners’ Committee. 7.7 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such notice of meeting 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. Such notice of meeting may be given:- (a) by delivering it personally to the member of the Owners’ Committee; or (b) by sending it by post to the member of the Owners’ Committee at his last known address; or (c) by leaving it at the member’s Unit or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing. 7.8 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be dissolved. 7.9 A meeting of the Owners’ Committee shall be presided over by :- (a) the chairman; or (b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. 7.10 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept. 7.11 The following provisions shall apply in all meetings of the Owners’ Committee :- (i) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed; (ii) A resolution put to the vote of the meeting shall be decided on a show of hands only; (iii) At a meeting of the Owners’ Committee, each member present shall have one vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote. (b) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee. (c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee. (d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof. 7.12 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deed, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith. 7.13 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties. (a) The Owners’ Committee shall cause to be kept records and minutes of :- (i) the appointment and vacation of appointments of all its members and all changes therein; (ii) all resolutions and notes of proceedings of the Owners’ Committee; (iii) the members present at all meetings. (b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund. (c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing. 7.15 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners who are not members of the Owners’ Committee to serve on such sub-committees. 7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 The Manager shall convene the first meeting of the Owners Joint Venturers agree as soon as possible but in any event not later than nine months after the date of this Deed (and to convene further and subsequent meetings if required) to :-
(a) appoint an Owners’ Committee and the chairman thereof; or
(b) appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 The Owners’ Committee shall consist of nine (9) members. The members of the Owners’ Committee shall be made up offollows:
(a) six (6) members the Joint Venturers hereby create a Committee composed of two representatives of Cybernet and one representative of Prakash to undertake and fulfil those duties set forth in this Agreement and as may be delegated under this Agreement as duties of the Committee. The representatives of each of the Joint Venturers on the Committee shall be elected from as follows: Cybernet - Xxxxxxx X. Xxxxx and a second representative to be named by Cybernet Prakash - Ravin Prakash If any Joint Venturer substitutes any of its representative(s) on the Owners Committee, such other individual so designated will become the representative of Residential Units;
that Joint Venturer on the latest of: (bi) two the effective date of such other individual's designation; or (2ii) members shall be elected from the Owners date upon which notice of the Parking Spaces; and
(c) one (1) member shall be appointed such designation is given to and received by the Owner of other Joint Venturer in the Government Accommodation.
7.3 The functions of the Owners’ Committee shall include the following :-
(a) the representing of the Owners form and manner set forth in all dealings with the Managersection 9.1 hereof;
(b) the undertaking quorum at any meeting of the Committee shall be two representatives. Each representative on the Committee will be entitled to one vote. Except for Major Decisions, action may be taken on the affirmative vote of a majority of the representatives present at the meeting of the Committee, provided however, that while any Default has occurred and is continuing, the quorum and voting requirement for the taking of action at any meeting of the Committee will be reduced by the number of each Defaulting Joint Venturer. During such other duties as period of Default the Manager may, with their approval, delegate representative of the Defaulting Joint Venturer will not be entitled to themvote on any matters before the Committee. Action may be taken on Major Decisions on the affirmative vote of all representatives present at the meeting of the Committee;
(c) the reviewing of Joint Venturers delegate to the annual management budget Committee the authority to make all Major Decisions and revised annual management budget prepared by do all things and execute all documents necessary, desirable or useful to enable the ManagerCommittee to carry out its duties under this Agreement;
(d) the approval Committee will, when matters are referred to it by either Joint Venturer or the Co-Project Managers, act upon those matters within 10 days of the Development Rules made from time to time by the Manager;receipt of notice of those matters; and
(e) to elect a manager to the Committee may take the place of the Manager in accordance with the provisions of Clause 4.2 hereof; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 The following persons shall be eligible for membership of the Owners’ Committee :-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the Development.
7.5 A member of the Owners’ Committee shall hold office until :-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases action required to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated taken by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) the Manager shall convene it without a meeting of the Owners to fill the casual vacancy thereby created.
7.6 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two members of the Owners’ Committee.
7.7 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such notice of meeting 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. Such notice of meeting may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.8 The quorum at a meeting of the Owners’ Committee shall be 50% of all the members of the Owners’ Committee (rounded up entitled to the nearest whole number) vote consent in writing to that action. The Committee may hold its meetings in person or 3 such members, whichever is the greater. No business shall be transacted at by conference telephone call on not less than 7 days' written notice given by any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be dissolved.
7.9 A meeting of the Owners’ Committee shall be presided over by :-
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting.
7.10 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be keptother members.
7.11 The following provisions shall apply in all meetings of the Owners’ Committee :-
(i) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iii) At a meeting of the Owners’ Committee, each member present shall have one vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(b) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deed, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
Samples: Joint Venture Agreement (Cybernet Internet Services International Inc)
OWNERS’ COMMITTEE. 7.1 The Manager 6.1 Membership of Owners’ Committee
(a) There shall convene the first meeting be established and maintained a committee of the Owners as consisting of not less than three (3) members. As soon as possible practicable but in any event not later than nine (9) months after the date hereof, the Manager shall convene a meeting of this Deed (the Owners to appoint the chairman and to convene further and subsequent meetings if required) to :-
(a) appoint an other members of the Owners’ Committee and the chairman thereof; orCommittee.
(b) appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 The Owners’ Committee shall consist of nine (9) members. The members A member of the Owners’ Committee shall be made up ofhold office until the next Annual Meeting at which he may stand for re-election, unless :-
(ai) six (6) members shall be elected from he resigns by notice in writing to the Owners of Residential UnitsOwners’ Committee;
(bii) two (2) members shall be elected he is removed from office by the Owners by ordinary resolution passed at a meeting of the Parking SpacesOwners called for the purpose;
(iii) he becomes bankrupt or insolvent or enters into a composition with his creditors;
(iv) he is convicted of a criminal offence other than a summary offence not involving his honesty or integrity;
(v) he becomes incapacitated by physical or mental illness;
(vi) he resides abroad;
(vii) he ceases to be eligible as a member of the Owners’ Committee; andor
(viii) he ceases to be an Owner.
(c) one (1) member shall be appointed by the Owner of the Government Accommodation.
7.3 The functions of the Owners’ Committee shall include the following :-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 The following persons shall be eligible for membership as a member of the Owners’ Committee :-
(ai) Any any Owner and, in the event of an Owner being a corporate bodybody corporate, any representative appointed by such Owner. The appointment of a representative by a body corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.; or
(bii) The the husband or wife of any Owner or any adult member of the family of any Owner duly authorised authorized by the Owner which authorisation authorization shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT Provided that such husband husband, wife or wife adult member of the family resides in the Development.
7.5 A (d) No remuneration shall be payable to the Owners’ Committee or any member thereof but the members of the Owners’ Committee shall hold office until be entitled to be reimbursed for all out-of-pocket expenses necessarily incurred in carrying out their duties.
6.2 Meetings of Owners’ Committee The Owners’ Committee shall meet at such times as occasion shall require and in any event, at least once in every period of three (3) months. In regard to such meetings, the following provisions shall apply :-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two (2) members of the Owners’ Committee.
7.7 (b) The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such notice of meeting shall specify (i) the date, time and place of the meeting; meeting and (ii) the resolutions (if any) that are to be proposed at the meeting. Such .
(c) The notice of meeting referred to in sub-clause (b) hereof may be given:-given :-
(ai) by delivering it personally to the member of the Owners’ Committee; or;
(bii) by sending it by post to the member of the Owners’ Committee at his last known address; or
(ciii) by leaving it at the member’s Unit House or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writingHouse.
7.8 (d) The quorum at a meeting of the Owners’ Committee shall be fifty per cent (50% %) of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 three (3) such members, whichever is the greater. No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting shall be dissolved.
7.9 (e) A meeting of the Owners’ Committee shall be presided over by :-
(ai) the chairman; or
(bii) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting.
7.10 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 The following provisions shall apply in all meetings of the Owners’ Committee :-
(i) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiif) At a meeting of the Owners’ Committee, each member present shall have one one
(1) vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(bg) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed not being an act or omission involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deed, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
Samples: Management Agreement
OWNERS’ COMMITTEE. 7.1 The Manager shall convene the first meeting of the Owners as As soon as possible practicable but in any event not later than nine (9) months after from the date of this Deed Deed, the Manager shall convene a meeting of the Owners (and to convene call further and subsequent meetings if required) to :-
(a) appoint establish an Owners’ Committee and the appoint a chairman thereof; or
(b) thereof or to appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 The Owners’ Committee shall consist of nine (9) members. The , or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners’ Committee shall be made up of:
(a) six (6) members shall be elected from the Owners of Residential Units;
(b) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) one (1) member shall be appointed by the Owner of the Government Accommodation.
7.3 The functions of the Owners’ Committee shall include the following :following: -
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development Estate Rules made from time to time by the ManagerManager and any amendment or revocation thereof;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereofof this Deed;
(f) to liaise with the Manager in respect of all matters concerning the management of the Land and the Development;
(g) to convene meetings of all Owners;
(h) to act as the Manager during such period as no Manager is appointed;
(i) the appointment of accountants for audit of the annual accounts prepared by the Manager; and
(fj) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 The following persons shall be eligible for membership of the Owners’ Committee :-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner, shall be eligible for membership of the Owners’ Committee. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ CommitteeCommittee PROVIDED THAT the Owner of a Phase shall not be entitled to elect or send their representatives to the Owners’ Committee unless and until after the issuance of the relevant Occupation Permit covering the relevant Phase, and the holding of the annual general meeting of the Owners immediately following the issuance of the Occupation Permit.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner If at any time on notice annual general meeting at which an appointment or election of a member should take place, the office of the retiring member is not filled, or if in writing being given any year no annual general meeting is held, the members may appoint a person, from amongst themselves, to fill the Owners’ Committee PROVIDED THAT such husband or wife resides in office of the Developmentretiring member till the next general meeting.
7.5 A member of the Owners’ Committee shall retire from office at every alternate annual meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :until: -
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners; or
(f) he ceases to be an Owner of a Unit in the Development. In any of the events provided for in sub-clauses (a), (c) or (d) above the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two members of the Owners’ CommitteeCommittee PROVIDED THAT one such meeting to be known as the annual meeting shall be held once in each calendar year commencing with the year following the date of this Deed for the purpose of transacting other business of which due notice is given in the notice convening the meeting.
7.7 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such notice of meeting 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. Such notice of meeting may be given:-given: -
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.8 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. No business shall be transacted at any time meeting by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting meeting, if convened upon the requisition of members of the Owners’ Committee, shall be dissolved.
7.9 A meeting of the Owners’ Committee shall be presided over by :by: -
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. The first chairman appointed pursuant to Clause 7.1 of this Deed shall be chairman until the next annual meeting. Thereafter the chairman shall be chosen by the Owners at the first or any other meeting of the Owners held in any calendar year.
7.10 The Manager shall act as the secretary to the Owners’ Committee but not to vote thereat and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 The following provisions shall apply in all meetings of the Owners’ Committee :Committee: -
(i) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iii) At a meeting of the Owners’ Committee, each member present shall have one vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(b) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed not being an act or omission anything involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :of: -
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall must be credited to into the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners person eligible under Clause 7.4 of this Deed who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 The provisions contained in Schedule 2 to the Building Management Ordinance shall apply to the management committee of the Owners’ Corporation following the incorporation of the Owners thereunder which shall take the place of the Owners’ Committee formed under this Deed and the provisions contained in Schedule 3 to the Building Management Ordinance shall apply to the meetings of the Owners’ Corporation which shall take the place of the Owners’ meetings convened under this Deed.
7.17 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variationvariations.
Appears in 1 contract
Samples: Principal Deed of Mutual Covenant
OWNERS’ COMMITTEE. 7.1 The Manager shall convene call the first meeting of the Owners as soon as possible possible, but in any event not later than nine 9 months after the date of this Deed (and to convene call further and subsequent meetings if required) to :-
(a) appoint ), which meeting must establish an Owners’ Committee and the appoint a chairman thereof; or
(b) thereof or must appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 During the existence of an Owners’ Corporation, the general meeting of the Owners’ Corporation convened under the Building Management Ordinance shall take the place of the meeting of Owners convened under this Deed, and where a management committee of the Owners’ Corporation is or has been appointed, the management committee shall take the place of the Owners’ Committee.
7.3 The Owners’ Committee shall consist of nine (9) not less than 5 members and not more than 7 members. The , or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners’ Committee shall be made up of:
(a) six (6) members , PROVIDED THAT not fewer than 1 member shall be elected from the Owners of Residential Units;
(bOwner(s) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) one (1) member shall be appointed by Commercial Accommodation to represent it /them in the Owner of the Government AccommodationOwners’ Committee.
7.3 7.4 The functions of the Owners’ Committee shall include the following :-following:-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development House Rules and the Club Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereofthis Deed; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 7.5 The following persons shall be eligible for membership of the Owners’ Committee :-Committee:-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the Development.
7.5 7.6 A member of the Owners’ Committee shall retire from office at every alternate annual meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :-until:-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) above the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 7.7 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two 2 members of the Owners’ Committee. A meeting to be known as the annual meeting shall be held once in each calendar year commencing with the year following the date of this Deed for the purpose of transacting other business of which due notice is given in the notice convening the meeting.
7.7 7.8 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) 7 days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such .
7.9 The notice of meeting referred to in Clause 7.8 above shall specify specify:-
(ia) the date, time and place of the meeting; and and
(iib) the resolutions (if any) that are to be proposed at the meeting. Such .
7.10 The notice of meeting referred to in Clause 7.8 above may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit flat or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writingflat.
7.8 7.11 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. .
7.12 No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting meeting, if convened upon the requisition of members of the Owners’ Committee, shall be dissolved; in any other case it shall stand adjourned to the same day in the next week at the same time and place, and, if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members of the Owners’ Committee present shall be a quorum.
7.9 7.13 A meeting of the Owners’ Committee shall be presided over by :-by:-
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. The first chairman appointed pursuant to 7.1 shall be chairman until the next annual meeting. Thereafter the chairman shall be chosen by the Owners at the first or any other meeting of the Owners held in any calendar year.
7.10 7.14 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 7.15 The following provisions shall apply in all meetings of the Owners’ Committee :-Committee:-
(ia) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed or any Sub-Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiib) At a meeting of the Owners’ Committee, each member present shall have one 1 vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(bc) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 7.16 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission anything involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 7.17 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-of:-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 7.19 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners person eligible under Clause 7.5 above who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 The 47. There shall be an Owners’ Committee consisting of three (3) members of which two (2) shall be Residential Owners and one (1) shall be Car Parking Space Owner which shall be elected by the Owners. Within nine (9) months of the date of execution of this Deed the Manager shall convene the first a meeting of the Owners to elect by the Owners the members of the first Owners’ Committee and the chairman of the first Owners’ Committee (who shall be one of the persons elected as soon a member of the Owners’ Committee) to hold office until the next Annual General Meeting of the Owners as possible but in hereinafter provided PROVIDED THAT the Undivided Shares allocated to the Common Areas and Facilities shall not carry any event not later than nine months after voting rights nor be taken into account for the date purpose of this Deed (calculating the quorum of any meeting.
48. During such time as a manager is acting as the Manager of the Land and to convene further and subsequent meetings if required) the Development, the Owners’ Committee shall have power to :-
(a) appoint an Owners’ Committee and advise the chairman thereof; or
(b) appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 The Owners’ Committee shall consist of nine (9) members. The members Manager in its preparation of the Owners’ Committee shall be made up of:
(a) six (6) members shall be elected from the Owners of Residential Unitsannual Management Budget and any revised Management Budget as herein provided;
(b) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) one (1) member shall be appointed by the Owner of the Government Accommodation.
7.3 The functions of the Owners’ Committee shall include the following :-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents;
(c) approve the House Rules and any amendments thereto made from time to time by the Manager which House Rules and any amendments thereto shall only come into effect upon approval by the Owners’ Committee; and
(d) undertake such other duties, as the Manager may, with the approval of the Owners’ Committee delegate to them. In the event of resignation or termination of service of a Manager and prior to the appointment of any new Manager, the Owners’ Committee shall be responsible for and shall have full power to undertake the management of the Land and the Development and to exercise all the powers conferred on the Manager by this Deed.
7.4 49. The following persons shall be eligible for membership of the Owners’ Committee :-
(a) Any any Owner (save and except the Motor Cycle Parking Space Owner) and, in the event of an Owner (save and except the Motor Cycle Parking Space Owner) being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.;
(b) The the husband or wife of any Owner (save and except the Motor Cycle Parking Space Owner) or any adult member of the family of any Owner (save and except the Motor Cycle Parking Space Owner) duly authorised authorized by the Owner which authorisation authorization shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband husband, wife or wife adult member of the family resides in the Development. However, the Undivided Shares allocated to the Common Areas and Facilities shall not be eligible for membership of the Owners’ Committee.
7.5 A 50. The chairman and every member of the Owners’ Committee shall retire from office at the next Annual General Meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c), (d) or (de) of this Clause the Manager shall convene Owners’ Committee may by a meeting of the majority decision appoint any eligible Owners to fill the casual vacancy thereby created.
7.6 A meeting of the 51. The Owners’ Committee may be convened shall meet at any time by the requisition of the chairman or any two members of the Owners’ CommitteeCommittee PROVIDED THAT not less than one such meeting shall be held once in each calendar year commencing with the year following that in which the Occupation Permit of the Development is issued for the purpose of reviewing the Manager’s budget and transacting any other business of which due notice is given in the notice convening the meeting.
7.7 The person or persons convening the meeting 52. Notice of the Owners’ Committee shall, at least seven (7) days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such notice of meeting 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. Such notice of meeting may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.8 The quorum at a meeting of the Owners’ Committee shall be 50% of given and served in the members of manner set out in the Owners’ Committee (rounded up Schedule 8 to the nearest whole number) or 3 such members, whichever Ordinance (the full text whereof is set out in the greaterFifth Schedule hereto).
53. No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within business and not less than one half an hour from of the total number of the members (rounded up to the nearest whole number) or three (3) such members, whichever is the greater (qualified to hold and holding office under these presents for the time appointed for the meeting a quorum is not present, the meeting shall be dissolved.
7.9 A meeting being) of the Owners’ Committee shall be presided over a quorum. The procedure at meetings of the Owners’ Committee shall be determined by :-the Owners’ Committee in accordance with Schedule 8 of the Ordinance as set out in the Fifth Schedule hereto.
(a) 54. The chairman of the chairman; or
(b) Owners’ Committee shall preside at every meeting of the Owners’ Committee PROVIDED THAT in the absence of the chairman, the members present at any meeting duly convened shall choose one of their members by simple majority of those present to be the chairman of that meeting.
55. The Manager may send a member representative appointed in writing by the Manager to act as secretary to the meeting of the Owners’ Committee appointed as chairman for that meeting.
7.10 The Manager shall act as the secretary to the Owners’ Committee and who shall cause a record of the persons present at the meetings of the Owners’ Committee meeting and the proceedings thereof to be kept. Failing that, the chairman shall appoint any member of the Owners’ Committee present to act as secretary.
7.11 56. The following provisions shall apply in all meetings of the Owners’ Committee :-
(ia) All all resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed;
(iib) A a resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiic) At on a meeting show of hands every member of the Owners’ Committee, each member Committee present at the meeting shall have one vote on a resolution put to vote; and
(d) in the vote case of the meeting or on a question before the Owners’ Committee and if there is an any equality of votes the chairman shall have, in addition to have a deliberative vote, a second or casting vote.
(b) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 57. The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed not being an act or omission anything involving criminal liability or dishonesty dishonest or negligence or willful default by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, liability or dishonesty or negligence or willful default on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 58. No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;; and
(iii) the members present at all meetingsmeeting.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying the reasonable charges therefor. All such charges received shall be credited to the Special Development Sub Fund.
(ca) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 Nothing herein contained shall prevent the Owners’ Committee from forming sub- sub-committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners who are not members of the Owners’ Committee to serve on such sub-committees.;
7.16 Subject to (b) If the Owners’ Committee is desirous of exercising the powers and duties of the Manager as enumerated in Clause 41(y) hereinabove, the Owners’ Committee shall follow the provisions in of Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Ordinance as if references therein to Manager were references to Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variationCommittee.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 The Manager shall convene call the first meeting of the Owners as soon as possible possible, but in any event not later than nine 9 months after the date of this Deed (and to convene call further and subsequent meetings if required) to :-
(a) appoint ), which meeting must establish an Owners’ Committee and the appoint a chairman thereof; or
(b) thereof or must appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 During the existence of an Owners’ Corporation, the general meeting of the Owners’ Corporation convened under the Building Management Ordinance shall take the place of the meeting of Owners convened under this Deed, and where a management committee of the Owners’ Corporation is or has been appointed, the management committee shall take the place of the Owners’ Committee.
7.3 The Owners’ Committee shall consist of nine (9) 5 members. The , or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners’ Committee shall be made up of:
(a) six (6) members , PROVIDED THAT not fewer than 1 member shall be elected from the Owners of Residential Units;
(bOwner(s) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) one (1) member shall be appointed by Commercial Accommodation to represent it /them in the Owner of the Government AccommodationOwners’ Committee.
7.3 7.4 The functions of the Owners’ Committee shall include the following :-following:-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development House Rules and the Club Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereofthis Deed; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 7.5 The following persons shall be eligible for membership of the Owners’ Committee :-Committee:-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the Development.
7.5 7.6 A member of the Owners’ Committee shall retire from office at every alternate annual meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :-until:-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) above the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 7.7 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two 2 members of the Owners’ Committee. A meeting to be known as the annual meeting shall be held once in each calendar year commencing with the year following the date of this Deed for the purpose of transacting other business of which due notice is given in the notice convening the meeting.
7.7 7.8 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) 7 days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such .
7.9 The notice of meeting referred to in Clause 7.8 如 上 shall specify specify:-
(ia) the date, time and place of the meeting; and and
(iib) the resolutions (if any) that are to be proposed at the meeting. Such .
7.10 The notice of meeting referred to in Clause 7.8 如 上 may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit flat or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writingflat.
7.8 7.11 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. .
7.12 No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting meeting, if convened upon the requisition of members of the Owners’ Committee, shall be dissolved; in any other case it shall stand adjourned to the same day in the next week at the same time and place, and, if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members of the Owners’ Committee present shall be a quorum.
7.9 7.13 A meeting of the Owners’ Committee shall be presided over by :-by:-
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. The first chairman appointed pursuant to 7.1 shall be chairman until the next annual meeting. Thereafter the chairman shall be chosen by the Owners at the first or any other meeting of the Owners held in any calendar year.
7.10 7.14 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 7.15 The following provisions shall apply in all meetings of the Owners’ Committee :-Committee:-
(ia) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed or any Sub-Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiib) At a meeting of the Owners’ Committee, each member present shall have one 1 vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(bc) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 7.16 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission anything involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 7.17 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-of:-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 7.19 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners person eligible under Clause 7.5 above who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 The Manager shall convene call the first meeting of the Owners as soon as possible possible, but in any event not later than nine 9 months after the date of this Deed (and to convene call further and subsequent meetings if required), which meeting (or meetings) to :-
(a) appoint must establish an Owners’ Committee and the appoint a chairman thereof; or
(b) thereof or must appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 During the existence of an Owners’ Corporation, the general meeting of the Owners’ Corporation convened under the Building Management Ordinance shall take the place of the meeting of Owners convened under this Deed, and where a management committee of the Owners’ Corporation is or has been appointed, the management committee shall take the place of the Owners’ Committee.
7.3 The Owners’ Committee shall consist of nine (9) not less than 5 members and not more than 9 members. The , or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners’ Committee shall be made up of:
(a) six (6) members shall be elected from the Owners of Residential Units;
(b) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) convened under this Deed, PROVIDED THAT not more than one (1) member shall be appointed by elected from the Owner Owner(s) of the Government AccommodationCarpark Units to represent it /them in the Owners’ Committee.
7.3 7.4 The functions of the Owners’ Committee shall include the following :-following:-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the draft annual management budget, annual budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development House Rules and the Club Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereofthis Deed; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 7.5 The following persons shall be eligible for membership of the Owners’ Committee :-Committee:-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the DevelopmentDevelopment PROVIDED FURTHER THAT not more than one person from a Unit may stand for election or be appointed as a committee member of the Owners’ Committee.
7.5 7.6 A member of the Owners’ Committee shall retire from office at every alternate annual meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :-until:-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) above the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 7.7 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two 2 members of the Owners’ Committee. A meeting to be known as the annual meeting shall be held once in each calendar year commencing with the year following the date of this Deed for the purpose of transacting other business of which due notice is given in the notice convening the meeting.
7.7 7.8 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) 7 days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such .
7.9 The notice of meeting referred to in Clause 7.8 above shall specify specify:-
(ia) the date, time and place of the meeting; and and
(iib) the resolutions (if any) that are to be proposed at the meeting. Such .
7.10 The notice of meeting referred to in Clause 7.8 above may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit flat or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writingflat.
7.8 7.11 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. .
7.12 No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting meeting, if convened upon the requisition of members of the Owners’ Committee, shall be dissolved; in any other case it shall stand adjourned to the same day in the next week at the same time and place.
7.9 7.13 A meeting of the Owners’ Committee shall be presided over by :-by:-
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. The first chairman appointed pursuant to 7.1 shall be chairman until the next annual meeting. Thereafter the chairman shall be chosen by the Owners at the first or any other meeting of the Owners held in any calendar year.
7.10 7.14 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 7.15 The following provisions shall apply in all meetings of the Owners’ Committee :-Committee:-
(ia) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed or any Sub-Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiib) At a meeting of the Owners’ Committee, each member present shall have one 1 vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(bc) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 7.16 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission anything involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 7.17 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-of:-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received therefor shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 7.19 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-co- opt any Owners person eligible under Clause 7.5 above who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 The Manager shall convene call the first meeting of the Owners as soon as possible possible, but in any event not later than nine 9 months after the date of this Deed (and to convene call further and subsequent meetings if required) to :-
(a) appoint ), which meeting must establish an Owners’ Committee and the appoint a chairman thereof; or
(b) thereof or must appoint a management committee for the purpose of forming an Owners’ Corporation under the Building Management Ordinance.
7.2 During the existence of an Owners’ Corporation, the general meeting of the Owners’ Corporation convened under the Building Management Ordinance shall take the place of the meeting of Owners convened under this Deed, and where a management committee of the Owners’ Corporation is or has been appointed, the management committee shall take the place of the Owners’ Committee.
7.3 The Owners’ Committee shall consist of nine (9) not less than 3 members and not more than 5 members. The , or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners’ Committee shall be made up of:
(a) six (6) members , PROVIDED THAT not fewer than 1 member shall be elected from the Owners of Residential Units;
(bOwner(s) two (2) members shall be elected from the Owners of the Parking Spaces; and
(c) one (1) member shall be appointed by Commercial Accommodation to represent it /them in the Owner of the Government AccommodationOwners’ Committee.
7.3 7.4 The functions of the Owners’ Committee shall include the following :-following:-
(a) the representing of the Owners in all dealings with the Manager;
(b) the undertaking of such other duties as the Manager may, with their approval, delegate to them;
(c) the reviewing of the annual management budget and revised annual management budget prepared by the Manager;
(d) the approval of the Development House Rules and the Club Rules made from time to time by the Manager;
(e) to elect a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereofthis Deed; and
(f) the exercise of all other powers and duties conferred on the Owners’ Committee by virtue of these presents.
7.4 7.5 The following persons shall be eligible for membership of the Owners’ Committee :-Committee:-
(a) Any Owner and, in the event of an Owner being a corporate body, any representative appointed by such Owner. The appointment of a representative by a corporate body shall be in writing addressed to the Owners’ Committee and may be revoked at any time on notice in writing being given to the Owners’ Committee.
(b) The husband or wife of any Owner duly authorised by the Owner which authorisation shall be in writing addressed to the Owners’ Committee and may be revoked by the Owner at any time on notice in writing being given to the Owners’ Committee PROVIDED THAT such husband or wife resides in the Development.
7.5 7.6 A member of the Owners’ Committee shall retire from office at every alternate annual meeting following his appointment but shall be eligible for re-election but subject to this he shall hold office until :-until:-
(a) he resigns by notice in writing to the Owners’ Committee; or
(b) he ceases to be eligible or is not re-elected at the meeting of Owners at which he stands for re-election; or
(c) he becomes bankrupt or insolvent or enters into a composition with his creditors or is convicted of a criminal offence other than a summary offence not involving his honesty or integrity; or
(d) he becomes incapacitated by physical or mental illness or death; or
(e) he is removed from office by resolution of a duly convened meeting of Owners. In any of the events provided for in sub-clauses (a), (c) or (d) above the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 7.7 A meeting of the Owners’ Committee may be convened at any time by the chairman or any two 2 members of the Owners’ Committee. A meeting to be known as the annual meeting shall be held once in each calendar year commencing with the year following the date of this Deed for the purpose of transacting other business of which due notice is given in the notice convening the meeting.
7.7 7.8 The person or persons convening the meeting of the Owners’ Committee shall, at least seven (7) 7 days before the date of the meeting, give notice of the meeting to each member of the Owners’ Committee. Such .
7.9 The notice of meeting referred to in Clause 7.8 above shall specify specify:-
(ia) the date, time and place of the meeting; and and
(iib) the resolutions (if any) that are to be proposed at the meeting. Such .
7.10 The notice of meeting referred to in Clause 7.8 above may be given:-
(a) by delivering it personally to the member of the Owners’ Committee; or
(b) by sending it by post to the member of the Owners’ Committee at his last known address; or
(c) by leaving it at the member’s Unit flat or depositing it in the letter box for that Unit. A notice of the meeting shall also be given to FSI as the Owner of Government Accommodation free of charge by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writingflat.
7.8 7.11 The quorum at a meeting of the Owners’ Committee shall be 50% of the members of the Owners’ Committee (rounded up to the nearest whole number) or 3 such members, whichever is the greater. .
7.12 No business shall be transacted at any time by the Owners’ Committee unless a quorum is present when the meeting proceeds to business. If within half an hour from the time appointed for the meeting a quorum is not present, the meeting meeting, if convened upon the requisition of members of the Owners’ Committee, shall be dissolved; in any other case it shall stand adjourned to the same day in the next week at the same time and place, and, if at the adjourned meeting a quorum is not present within half an hour from the time appointed for the meeting, the members of the Owners’ Committee present shall be a quorum.
7.9 7.13 A meeting of the Owners’ Committee shall be presided over by :-by:-
(a) the chairman; or
(b) in the absence of the chairman, a member of the Owners’ Committee appointed as chairman for that meeting. The first chairman appointed pursuant to 7.1 shall be chairman until the next annual meeting. Thereafter the chairman shall be chosen by the Owners at the first or any other meeting of the Owners held in any calendar year.
7.10 7.14 The Manager shall act as the secretary to the Owners’ Committee and shall cause a record of the persons present at the meetings of the Owners’ Committee and the proceedings thereof to be kept.
7.11 7.15 The following provisions shall apply in all meetings of the Owners’ Committee :-Committee:-
(ia) All resolutions passed by a simple majority of votes at such meeting shall be binding on all the Owners but no such resolution shall be valid if it concerns any other matter not being the subjects contained in the notice convening the meeting or if it is contrary to the provisions of this Deed or any Sub-Deed;
(ii) A resolution put to the vote of the meeting shall be decided on a show of hands only;
(iiib) At a meeting of the Owners’ Committee, each member present shall have one 1 vote on a resolution put to the vote of the meeting or on a question before the Owners’ Committee and if there is an equality of votes the chairman shall have, in addition to a deliberative vote, a casting vote.
(bc) The procedure at meetings of the Owners’ Committee shall be as is determined by the Owners’ Committee.
(c) Whether or not FSI is a member of the Owners' Committee, FSI shall have the right to attend the meetings of the Owners' Committee.
(d) No resolution of the Owners' Committee should adversely affect the use, operation or maintenance of the Government Accommodation or any part thereof.
7.12 7.16 The Owners’ Committee and the members thereof shall not be liable to the Owners or any of them or to any person or persons whomsoever whether claiming through, under or in trust for any Owner or otherwise, for or in respect of any act, deed, matter or thing done or omitted in pursuance or in purported pursuance of the provisions of this Deed or any Sub-Deed not being an act or omission anything involving criminal liability or dishonesty or negligence by or on the part of any or all of the members of the Owners’ Committee, and the Owners shall fully and effectually indemnify the Owners’ Committee from and against all actions, proceedings, claims and demands whatsoever arising directly or indirectly out of or in connection with any act, deeddeeds, matter or thing done or omitted as aforesaid which does not involve criminal liability, dishonesty or negligence on the part of the Owners’ Committee or the members thereof and all costs and expenses in connection therewith.
7.13 7.17 No remuneration shall be payable to the Owners’ Committee or any member thereof but such members shall be entitled to be reimbursed for all out-of-pocket expenses reasonably and necessarily incurred in carrying out their duties.
(a) The Owners’ Committee shall cause to be kept records and minutes of :-of:-
(i) the appointment and vacation of appointments of all its members and all changes therein;
(ii) all resolutions and notes of proceedings of the Owners’ Committee;
(iii) the members present at all meetings.
(b) Such records and minutes shall be kept in such place as the Owners’ Committee may from time to time determine and shall be open to inspection by any Owner on a reasonable notice being given and such Owner shall also be entitled to extracts thereof on paying reasonable charges therefor. All charges received shall be credited to the Special Fund.
(c) Whether or not FSI is a member of the Owners’ Committee, FSI shall have the right to receive notices, agendas and minutes of the meetings of the Owners’ Committee free of charge sent by prepaid post or delivered by hand to GPA, Government Property Agency, 9/F, South Tower, West Kowloon Government Offices, Xx. 00 Xxx Xxxx Road, Xxx Ma Tei, Kowloon, Hong Kong or such other person and address nominated by FSI in writing.
7.15 7.19 Nothing herein contained shall prevent the Owners’ Committee from forming sub- committees for the recreation and welfare of the residents of the Development or for community concerns or to co-opt any Owners person eligible under Clause 7.5 above who are not members of the Owners’ Committee to serve on such sub-committees.
7.16 Subject to the provisions in Schedule 7 to the Building Management Ordinance, the procurement of supplies, goods or services by the Owners’ Committee that involves an amount in excess of or likely to be in excess of HK$200,000 (or such other sum as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be more than 20% of the annual management budget (or such other percentage as the Authority may specify by notice in the Gazette), whichever is the lesser, must be by invitation to tender and the standards and guidelines as may be specified in the Code of Practice referred to in Section 20A of the Building Management Ordinance will apply to the Owners’ Committee with any appropriate variation.
Appears in 1 contract
