OWNERS’ COMMITTEE. 7.1 As soon as practicable but not later than nine (9) months from the date of this Deed, the Manager shall convene the first meeting of the Owners (and to call further and subsequent meetings if required) to establish an Owners' Committee and appoint a chairman 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 not fewer than three (3) members and not more than five (5) members, or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners. . 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 draft annual management budget, the annual management budget and the revised annual management budget prepared by the Manager; (d) the reviewing and approval of the Development Rules made from time to time by the Manager; (e) to elect or appoint a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof; (f) the appointment of accountants for audit of the annual accounts prepared by the Manager; (g) to convene meetings of all the Owners; (h) to act as the Manager during such period when no Manager is appointed; and (i) 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 or any adult member of the family of any Owner duly authorised by the Owner which authorisation 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 PROVIDED THAT such husband or wife or such adult member of the family resides in the Development PROVIDED 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 A member of the Owners' Committee shall retire from office at every alternate annual meeting following his appointment or election but shall be eligible for re-appointment or 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; or (f) he or the person appointing or authorising him ceases to be an Owner of the Undivided Shares; or (g) he resides abroad. In any of the events provided for in Clauses 7.5(a), (c), (d), (e) or (f), 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 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:- (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. 7.8 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 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, 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 :- (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 hereof 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 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 or any Sub-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. 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 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, deeds, 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 election 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. 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 person eligible under Clause 7.4 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 any supplies, goods or services by the Owners' Committee that involves an amount in excess of or likely to be in excess of the sum 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 twenty per cent (20%) of the annual 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(1) of the Building Management Ordinance will apply to the Owners' Committee with any appropriate variations.
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
OWNERS’ COMMITTEE. 7.1 As soon as practicable but not later than nine (9) months from the date of this Deed, the Manager shall convene the first meeting of the Owners (and to call further and subsequent meetings if required) to establish an Owners' Committee and appoint a chairman 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 not fewer than three (3) members and not more than five (5) members, or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners. , provided that in the appointment or election of the members to the Owners' Committee:
(a) not fewer than two (2) members shall be elected from the Owners of the Residential Units; and
(b) not more than one (1) member shall be elected from the Owners of the Parking Spaces.
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 draft annual management budget, the annual management budget and the revised annual management budget prepared by the Manager;
(d) the reviewing and approval of the Development Rules made from time to time by the Manager;
(e) to elect or appoint a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof;
(f) the appointment of accountants for audit of the annual accounts prepared by the Manager;
(g) to convene meetings of all the Owners;
(h) to act as the Manager during such period when no Manager is appointed; and
(if) 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 or any adult member of the family of any Owner duly authorised by the Owner which authorisation 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 PROVIDED THAT such husband or wife or such adult member of the family resides in the Development PROVIDED THAT not more than one person from a Unit may stand for election or be appointed as a committee member of the Owners' CommitteeDevelopment.
7.5 A member of the Owners' Committee shall retire from office at every alternate annual meeting following his appointment or election but shall be eligible for re-appointment or 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; or
(f) he or the person appointing or authorising him ceases to be an Owner of the Undivided Shares; or
(g) he resides abroad. In any of the events provided for in Clauses 7.5(asub-clauses (a), (c), (d), (e) or (f), 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 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:-
(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.
7.8 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 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, 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 :-
(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 hereof 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 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 or any Sub-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.
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 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, deeds, 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 election 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.
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 person eligible under Clause 7.4 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 The procurement of any supplies, goods or services by the Owners' Committee that involves an amount in excess of or likely to be amounts in excess of the sum of HK$200,000 (or such other sum in substitution therefor as the Authority may specify by notice in the Gazette) or an amount which is or is likely to be average annual expenditure of more than twenty per cent (20%) % of the annual budget (or such other percentage in substitution therefor 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(1) of the Building Management Ordinance will apply to the Owners' Committee with any appropriate variations.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 As soon as practicable possible but in any event not later than nine (9) months from the date of this Deed, the Manager shall must convene the first meeting of the Owners (and to call further and subsequent meetings if required) to establish an Owners' Committee and appoint a chairman 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 not fewer than three twelve (312) members and not more than five thirteen (513) members, or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners. , provided that in the appointment or election of the members to the Owners' Committee:
(a) not fewer than eight (8) members shall be elected from the Owners of the Residential Units; and
(b) four (4) members shall be elected from the Owners of the Parking Spaces.
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 draft annual management budget, the annual management budget and the revised annual management budget prepared by the Manager;
(d) the reviewing and approval of the Development Rules made from time to time by the Manager;
(e) to elect or appoint a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof;
(f) the appointment of accountants for audit of the annual accounts prepared by the Manager;
(g) to convene meetings of all the Owners;
(h) to act as the Manager during such period when no Manager is appointed; and
(if) 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 :-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 or any adult member of the family of any Owner duly authorised by the Owner which authorisation 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 PROVIDED THAT such husband or wife or such adult member of the family of any Owner resides in the Development PROVIDED THAT not more than one person from a Unit may stand for election or be appointed as a committee member of the Owners' CommitteeDevelopment.
7.5 A member of the Owners' Committee shall retire from office at every alternate annual meeting following his appointment or election but shall be eligible for re-appointment or 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 or the person appointing or authorising him ceases to be an Owner of the Undivided Shares; or
(g) he resides abroad. In any of the events provided for in Clauses 7.5(asub-clauses (a), (c), (d), (e) or (f), 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 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 meetingCommittee.
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.
7.8 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 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, 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 hereof 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 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 or any Sub-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.
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 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, deeds, 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 election 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 into the Special Fund.
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 Residential Unit or for community concerns or to co-opt any person eligible under Clause 7.4 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 any supplies, goods or services by the Owners' Committee that involves an amount amounts in excess of or likely to be in excess of the sum of HK$200,000 (or such other sum in substitution therefor as the Authority may specify by notice in the Gazette) or an average annual expenditure of an amount which is or is likely to be more than twenty per cent (20%) % of the annual budget (or such other percentage in substitution therefor 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(1) 20A of the Building Management Ordinance will apply to the Owners' Committee with any appropriate variations.
Appears in 1 contract
OWNERS’ COMMITTEE. 7.1 As soon as practicable but not later than nine (9) months from the date of this Deed, the The Manager shall convene the first meeting of the Owners as soon as possible but in any event not later than nine (9) months after the date of this Deed (and to call convene further and subsequent meetings if required) to to: -
(a) establish an Owners' ’ Committee and appoint a chairman thereof or to 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 not fewer than three nine (3) members and not more than five (59) members, or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners. .
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 draft annual management budget, the annual management budget and the revised annual management budget prepared by the Manager;
(d) the reviewing and approval of the Development Estate Rules made from time to time by the ManagerManager and any amendment or revocation thereof;
(e) to elect or appoint 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;
(g) to convene meetings of all the Owners;
(h) to act as the Manager during such period when no Manager is appointed; and
(ij) 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' ’ Committee.
(b) The husband If at any annual general meeting at which an appointment or wife election of any Owner or any adult a member should take place, the office of the family of retiring member is not filled, or if in any Owner duly authorised by year no annual general meeting is held, the Owner which authorisation member shall be continue in writing addressed to office until the Owners' Committee and may be revoked at any time on notice in writing being given to the Owners' Committee PROVIDED THAT such husband or wife or such adult member of the family resides in the Development PROVIDED THAT not more than one person from a Unit may stand for election or be appointed as a committee member of the Owners' Committeenext annual general meeting.
7.5 A member of the Owners' ’ Committee shall retire from office at every alternate annual meeting following his appointment or election but shall be eligible for re-appointment or 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 or the person appointing or authorising him ceases to be an Owner of a Unit in the Undivided Shares; or
(g) he resides abroadDevelopment. In any of the events provided for in Clauses 7.5(asub-clauses (a), (c), (d), (e) or (f)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 (2) members of the Owners' ’ Committee 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 ’s Unit or depositing it in the letter box for that Unit.
7.8 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 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, if convened upon the requisition of members of the Owners' Committee, meeting 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 hereof 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: -
(a) (i) 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 or any Sub-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.
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 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, deeds, 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 election 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.
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 person eligible under Clause 7.4 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 any supplies, goods or services by the Owners' Committee that involves an amount in excess of or likely to be in excess of the sum 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 twenty per cent (20%) of the annual 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(1) of the Building Management Ordinance will apply to the Owners' Committee with any appropriate variations.
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Samples: Deed of Mutual Covenant
OWNERS’ COMMITTEE. 7.1 As soon as practicable but not later than nine (9) months from the date of this Deed, the Manager shall convene the first meeting of the Owners (and to call further and subsequent meetings if required) to establish an Owners' ’ Committee and appoint a chairman 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 not fewer than three (3) members and not more than five nine (59) members, or such number of members as the Owners may decide from time to time by resolution at a meeting of the Owners. In the appointment or election of the members to the Owners’ Committee, not less than four (4) members shall be elected from the Owners of the Residential Units, two (2) members from the Owners of the Commercial Units and one
(1) member from the Owners of the Parking Spaces PROVIDED THAT if no member is elected from the Owners of the Commercial Units, the Owners’ Committee consisting of solely members elected from the Owners of Residential Units and Parking Spaces shall be validly formed.
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 draft annual management budget, the annual management budget and the revised annual management budget prepared by the Manager;
(d) the reviewing and approval of the Development Rules made from time to time by the Manager;
(e) to elect or appoint a manager to take the place of the Manager in accordance with the provisions of Clause 4.2 hereof;
(f) the appointment of accountants for audit of the annual accounts prepared by the Manager;
(g) to convene meetings of all the Owners;
(h) to act as the Manager during such period when no Manager is appointed; and
(if) 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 or any adult member of the family of any Owner duly authorised by the Owner which authorisation 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 PROVIDED THAT such husband or wife or such adult member of the family resides in the Development PROVIDED 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 A member of the Owners' ’ Committee shall retire from office at every alternate annual meeting following his appointment or election but shall be eligible for re-appointment or 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; or
(f) he or the person appointing or authorising him ceases to be an Owner of the Undivided Shares; or
(g) he resides abroad. In any of the events provided for in Clauses 7.5(asub-clauses (a), (c), (d), (e) or (f), d) the Manager shall convene a meeting of the Owners to fill the casual vacancy thereby created.
7.6 7.5 A meeting of the Owners' ’ Committee may be convened at any time by the chairman or any two (2) members of the Owners' Committee 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’ Committee.
7.7 7.6 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 ’s Unit or depositing it in the letter box for that Unit.
7.8 7.7 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 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, if convened upon the requisition of members of the Owners' Committee, meeting shall be dissolved.
7.9 7.8 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. The first chairman appointed pursuant to Clause 7.1 hereof 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 7.9 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 7.10 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 or any Sub-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.
7.12 7.11 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 anything 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, deedsdeed, 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 7.12 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 election 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.
7.15 7.14 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 person eligible under Clause 7.4 Owners who are not members of the Owners' ’ Committee to serve on such sub-committees.
7.16 (a) Subject to sub-clauses (b) and (c) below, the provisions in Schedule 7 to the Building Management Ordinance, Owners’ Committee shall not enter into any contract for the procurement of any supplies, goods or services by the Owners' Committee that involves an amount in excess value of which exceeds or is likely to be in excess of exceed the sum of HK$200,000 (or such other sum in substitution therefor as the Authority may specify by notice in the GazetteGazette unless:-
(i) the supplies, goods or an amount services are procured by invitation to tender; and
(ii) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Building Management Ordinance.
(b) Subject to sub-clause (c) below, the Owners’ Committee shall not enter into any contract for the procurement of any supplies, goods or services the value of which is exceeds or is likely to be more than exceed a sum which is equivalent to twenty per cent (20%) of the annual management budget (or such other percentage in substitution therefor as the Authority Secretary for Home Affairs may specify by notice in Gazette unless:-
(i) if there is an Owners’ Corporation
(1) the Gazette)supplies, whichever is the lesser, must be goods or services are procured by invitation to tender and tender;
(2) the standards and guidelines as may be specified in procurement complies with the Code of Practice referred to in section Section 20A(1) of the Building Management Ordinance will Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a general meeting of the Owners’ Corporation convened under the Building Management Ordinance, and the contract is entered into with the successful tenderer; or
(ii) if there is no Owners’ Corporation
(1) the supplies, goods or services are procured by invitation to tender;
(2) the procurement complies with the Code of Practice referred to in Section 20A(1) of the Building Management Ordinance; and
(3) whether a tender submitted for the purpose is accepted or not is decided by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed, and the contract is entered into with the successful tenderer.
(c) Sub-clauses (a) and (b) above do not apply to any supplies, goods or services which but for this sub-clause (c) would be required to be procured by invitation to tender (referred to in this sub-clause (c) as the “relevant supplies, goods or services”)
(i) where there is an Owners’ Corporation, if:-
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners' ’ Corporation by a supplier; and
(2) the Owners’ Corporation decides by a resolution of the Owners passed at a general meeting of the Owners’ Corporation that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender; or
(ii) where there is no Owners’ Corporation, if:-
(1) the relevant supplies, goods or services are of the same type as any supplies, goods or services which are for the time being supplied to the Owners by a supplier; and
(2) the Owners decide by a resolution of the Owners passed at a meeting of the Owners convened and conducted in accordance with this Deed that the relevant supplies, goods or services shall be procured from that supplier on such terms and conditions as specified in the resolution, instead of by invitation to tender.
(d) Notwithstanding other provisions in this Deed, except with the prior approval by a resolution of the Owners at an Owners’ meeting convened under this Deed, the Owners’ Committee with shall not carry out any appropriate variationsimprovements to facilities or services which involve expenditure in excess of ten per cent (10%) of the current annual management budget.
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