Owners’ Meeting. From time to time as occasion may require there shall be meetings of the Owners to discuss and decide matters concerning the Land and the Development. For the purpose of this Section VIII, unless otherwise expressly stated, any reference to "Owner" or "Owners" shall exclude the Owner(s) of the Common Areas and Facilities. In regard to such Owners' meetings the following provisions shall apply :- (a) A meeting of the Owners may be convened by :- (i) the Owners' Committee; (ii) the Manager; or (iii) an Owner appointed to convene such a meeting by the Owners who in aggregate have vested in them for the time being not less than five per cent (5%) of the total number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilities. (b) The person convening the meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. 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. (c) The notice of meeting referred to in Clause 8.1(b) may be given :- (i) by delivering it personally to the Owner; (ii) by sending it by post to the Owner at his last known address; or (iii) by leaving it at the Owner's Unit or depositing it in the letter box for that Unit. (i) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and 10% of the Owners present in person or by proxy shall be a quorum. If there is no quorum at any time within thirty (30) minutes from the time appointed for the meeting, such meeting shall be dissolved. (ii) For the purposes of Clause 8.1(d)(i) above, the reference to "10% of the Owners" shall :- (1) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Development is divided; and (2) not be construed as the Owners of 10% of the Undivided Shares in aggregate. (e) A meeting of the Owners shall be presided over by the chairman of the Owners' Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting. (f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof. (g) At a meeting of the Owners :- (i) an Owner shall have one vote in respect of each Undivided Share he owns; (ii) an Owner may cast a vote personally or by proxy; (iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast :- (1) by a proxy jointly appointed by the co-Owners; (2) by a person appointed by the co-Owners from among themselves; or (3) if no appointment is made under Clause 8.1(g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners. (iv) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and (v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote. (h) In regard to the election, re-election or the removal from office of a member of the Owners' Committee or of the chairman of the meeting, votes shall be cast, if so demanded by any Owner, by means of a secret ballot supervised by the Manager. (i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and (1) shall be signed by the Owner; or (2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf. (ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting at least forty-eight
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Owners’ Meeting. From time to time as occasion may require there shall be meetings of the Owners to discuss and decide matters concerning the Land and the Development. For Development and the first of such meeting of the Owners shall be convened by the Manager as soon as possible but not later than nine (9) months after the date of this Deed, to appoint an Owners’ Committee and the chairman thereof or a management committee for the purpose of this Section VIII, unless otherwise expressly stated, any reference to "Owner" or "forming an Owners" shall exclude ’ Corporation under the Owner(s) of the Common Areas and FacilitiesBMO. In regard to such Owners' ’ meetings the following provisions shall apply :-
(a) A meeting of the Owners may be convened by :-
(i) the Owners' ’ Committee;
(ii) the Manager; or
(iii) an Owner appointed to convene such a meeting by the Owners who in aggregate have vested in them for the time being of not less than five per cent (5%) of the total number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilitiesin aggregate.
(b) The person convening the meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify :-specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(c) The notice of meeting referred to in Clause 8.1(b) above may be given :-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's ’s Unit or depositing it in the letter box for that Unit.
(i) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and 10% of the Owners present in person or by proxy shall be a quorum. If there is no quorum at any time within thirty (30) minutes from the time appointed for the meeting, such meeting shall be dissolved.
(ii) For the purposes of Clause 8.1(d)(i) above, the reference to "“10% of the Owners" ” shall :-
(1) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares into which the Development is dividedShares; and
(2) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
(e) A meeting of the Owners shall be presided over by the chairman of the Owners' Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
(g) At a meeting of the Owners :-
(i) an Owner shall have one vote in respect of each Undivided Share he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast :-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under Clause 8.1(g)(iii)(1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(h) In regard to the election, re-election or the removal from office of a member of the Owners' Committee or of the chairman of the meeting, votes shall be cast, if so demanded by any Owner, by means of a secret ballot supervised by the Manager.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting at least forty-eight
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Owners’ Meeting. From time to time as occasion may require there shall be meetings of the Owners to discuss and decide matters concerning the Land and the DevelopmentBuilding and the first of such meeting of the Owners shall be convened by the Manager as soon as possible but not later than nine (9) months after the date of this Deed, to appoint a Chairman and the Owners’ Committee or a management committee for the purpose of forming an Owners’ Corporation under the BMO. For the purpose of this Section VIII, unless otherwise expressly stated, any reference to "“Owner" ” or "“Owners" ” shall exclude the Owner(s) of the Common Areas and Facilities. In regard to such Owners' ’ meetings the following provisions shall apply :-apply:-
(a) A meeting of the Owners may be convened by by:-
(i) the Owners' ’ Committee;
(ii) the Manager; or
(iii) an Owner appointed to convene such a meeting by the Owners who in aggregate have vested in them for the time being not less than five per cent (5%) of the total number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilities.
(b) The person convening the meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(c) The notice of meeting referred to in Clause 8.1(b) may be given :-given:-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's ’s Unit or depositing it in the letter box for that Unit.
(i) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and 10% of the Owners present in person or by proxy shall be a quorum. If there is no quorum at any time within thirty (30) minutes from the time appointed for the meeting, such meeting shall be dissolvedadjourned to the same time and day in the following week at the same place and if there is no quorum at such adjourned meeting, the Owner(s) and the representative of the Manager present at such adjourned meeting shall constitute a quorum.
(ii) For the purposes of Clause 8.1(d)(i) above, the reference to "“10% of the Owners" shall ” shall:-
(1) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares shares into which the Development Building is divided; and
(2) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
(e) A meeting of the Owners shall be presided over by the chairman of the Owners' ’ Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.
(g) At a meeting of the Owners :-Owners:-
(i) an Owner shall have one vote in respect of each Undivided Share he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast :-cast:-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under Clause 8.1(g)(iii)(1sub-paragraph (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry Register shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(h) In regard to the election, re-election or the removal from office of a member of the Owners' ’ Committee or of the chairman of the meeting, votes shall be cast, if so demanded by any Owner, by means of a secret ballot supervised by the Manager.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' ’ Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting at least forty-eight48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(j) Save as otherwise herein provided, any resolution on any matter concerning the Land and the Building passed by a simple majority of votes at a duly convened meeting of the Owners present in person or by proxy and voting in proportion to the number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilities held at such meeting shall be binding on all the Owners of the Land and the Building (which shall include the Owner(s) of the Common Areas and Facilities) PROVIDED as follows:-
(i) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(ii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(iii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed.
(iv) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out.
(k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than fifty per cent (50%) of the total number of Undivided Shares in the Land and the Building excluding the Undivided Shares allocated to the Common Areas and Facilities shall be as valid and effectual as if it had been passed at a duly convened meeting of the Owners.
(l) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(m) The Undivided Shares allocated to the Common Areas and Facilities should not carry any voting right, nor should they be taken into account for the purpose of calculating the quorum of any meeting.
(n) The procedure at a meeting of Owners shall be as is determined by the Owners. SECTION IX EXTINGUISHMENT OF RIGHTS
9.1 Owners’ meeting in the event of the Building being damaged
Appears in 2 contracts
Samples: Deed of Mutual Covenant and Management Agreement, Deed of Mutual Covenant and Management Agreement
Owners’ Meeting. From time to time as occasion may require there shall be meetings of the Owners to discuss and decide matters concerning the Land and the DevelopmentBuilding and the first of such meeting of the Owners shall be convened by the Manager as soon as possible but not later than nine (9) months after the date of this Deed, to appoint a Chairman and the Owners’ Committee or a management committee for the purpose of forming an Owners’ Corporation under the BMO. For the purpose of this Section VIII8, unless otherwise expressly stated, any reference to "Owner" or "Owners" shall exclude the Owner(s) of the Common Areas and Facilities. In regard to such Owners' ’ meetings the following provisions shall apply :-apply:-
(a) A meeting of the Owners may be convened by by:-
(i) the Owners' ’ Committee;
(ii) the Manager; or
(iii) an Owner appointed to convene such a meeting by the Owners who in aggregate have vested in them for the time being not less than five per cent (5%) of the total number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilities.
(b) The person convening the meeting of the Owners shall, at least fourteen (14) days before the date of the meeting, give notice of the meeting to each Owner. Such notice of meeting shall specify specify:-
(i) the date, time and place of the meeting; and
(ii) the resolutions (if any) that are to be proposed at the meeting.
(c) The notice of meeting referred to in Clause 8.1(b) may be given :-given:-
(i) by delivering it personally to the Owner;
(ii) by sending it by post to the Owner at his last known address; or
(iii) by leaving it at the Owner's ’s Unit or depositing it in the letter box for that Unit.
(i) No business shall be transacted at any meeting unless a quorum is present when the meeting proceeds to business and 10% of the Owners present in person or by proxy shall be a quorum. If there is no quorum at any time within thirty (30) minutes from the time appointed for the meeting, such meeting shall be dissolvedadjourned to the same time and day in the following week at the same place and if there is no quorum at such adjourned meeting, the Owner(s) and the representative of the Manager present at such adjourned meeting shall constitute a quorum.
(ii) For the purposes of Clause 8.1(d)(i) above, the reference to "10% of the Owners" shall shall:-
(1) be construed as a reference to 10% of the number of persons who are Owners without regard to their ownership of any particular percentage of the total number of Undivided Shares shares into which the Development Building is divided; and
(2) not be construed as the Owners of 10% of the Undivided Shares in aggregate.
(e) A meeting of the Owners shall be presided over by the chairman of the Owners' ’ Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting.
(f) The chairman shall cause a record to be kept of the persons present at the meeting and the proceedings thereof.the
(g) At a meeting of the Owners :-Owners:-
(i) an Owner shall have one vote in respect of each Undivided Share he owns;
(ii) an Owner may cast a vote personally or by proxy;
(iii) where 2 or more persons are the co-Owners of an Undivided Share, the vote in respect of that Undivided Share may be cast :-cast:-
(1) by a proxy jointly appointed by the co-Owners;
(2) by a person appointed by the co-Owners from among themselves; or
(3) if no appointment is made under Clause 8.1(g)(iii)(1sub-paragraph (1) or (2), either by one of the co-Owners personally or by a proxy appointed by one of the co-Owners.
(iv) where 2 or more persons are the co-Owners of an Undivided Share and more than one of the co-Owners seeks to cast a vote in respect of the Undivided Share, only the vote that is cast, whether personally or by proxy, by the co-Owner whose name, in order of priority, stands highest in relation to that Undivided Share in the register kept at the Land Registry Register shall be treated as valid; and
(v) if there is an equality of votes, the person presiding over the meeting shall have, in addition to a deliberative vote, a casting vote.
(h) In regard to the election, re-election or the removal from office of a member of the Owners' ’ Committee or of the chairman of the meeting, votes shall be cast, if so demanded by any Owner, by means of a secret ballot supervised by the Manager.
(i) An instrument appointing a proxy shall be in the form set out in Form 1 in Schedule 1A to the BMO, and
(1) shall be signed by the Owner; or
(2) if the Owner is a body corporate, shall notwithstanding anything to the contrary in its constitution, be impressed with the seal or chop of the body corporate and signed by a person authorised by the body corporate in that behalf.
(ii) The instrument appointing a proxy shall be lodged with the chairman of the Owners' ’ Committee or, if the meeting is convened under Clause 8.1(a)(ii) or (iii), the person convening the meeting at least forty-eight48 hours before the time for the holding of the meeting.
(iii) A proxy appointed by an Owner to attend and vote on behalf of the Owner shall, for the purposes of the meeting, be treated as being the Owner present at that meeting.
(j) Save as otherwise herein provided, any resolution on any matter concerning the Land and the Building passed by a simple majority of votes at a duly convened meeting of the Owners present in person or by proxy and voting in proportion to the number of Undivided Shares excluding the Undivided Shares allocated to the Common Areas and Facilities held at such meeting shall be binding on all the Owners of the Land and the Building (which shall include the Owner(s) of the Common Areas and Facilities) PROVIDED as follows:-
(i) The notice convening the meeting shall have been duly given and shall have specified the intention to propose a resolution or resolutions concerning such matters.
(ii) No resolution purporting to be passed at any such meeting concerning any matter not mentioned in such notice shall be valid.
(iii) No resolution shall be valid to the extent that it purports to alter or amend the provisions of or is otherwise contrary to this Deed.
(iv) A resolution may be passed as to the manner in which the powers hereby conferred on the Manager are to be exercised or carried out.
(k) A resolution in writing signed by Owners who in the aggregate have vested in them for the time being more than fifty per cent (50%) of the total number of Undivided Shares in the Land and the Building excluding the Undivided Shares allocated to the Common Areas and Facilities shall be as valid and effectual as if it had been passed at a duly convened meeting of the Owners.
(l) The accidental omission to give notice as aforesaid to any Owner shall not invalidate the proceedings at any meeting or any resolution passed thereat.
(m) The Undivided Shares allocated to the Common Areas and Facilities should not carry any voting right, nor should they be taken into account for the purpose of calculating the quorum of any meeting.
(n) The procedure at a meeting of Owners shall be as is determined by the Owners.
Appears in 1 contract