Payment of Management Expenses and Special Fund and Enforcement Provisions. (a) The Owners of each of the Units shall pay to the Manager monthly in advance the Management Fee in proportion to the Management Shares as set out in the Second Schedule hereto PROVIDED THAT no Owner shall be called upon to pay more than his appropriate shares of the Management Expenses as stated in the following: (i) where any expenditure relates to or is for the benefit of the Lot and the Development (but does not relate solely to or is not solely for the benefit of any Unit, Residential Common Areas, Duplex Units Common Areas, Car Park Common Areas, Residential Common Facilities, Duplex Units Common Facilities or Car Park Common Facilities), the Development Common Areas and/or the Development Common Facilities the full amount of such expenditure shall be apportioned between all the Owners of the Development in proportion to the number of Management Shares held by them; (ii) where any expenditure relates solely to or is solely for the benefit of the Residential Units (but does not relate solely to or is not solely for the benefit of any particular Residential Unit), the Residential Common Areas and/or the Residential Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Residential Units in proportion to the number of Management Shares held by them; (iii) where any expenditure relates solely to or is solely for the benefit of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block (but does not relate solely to or is not solely for the benefit of any particular Unit of Unit-01 to Unit-03, Unit-05 to Unit- 12 and Unit-15 to Unit-19 in the Lower Block), the Duplex Units Common Areas and/or the Duplex Units Common Facilities the full amount of such expenditure shall be apportioned between the Owners of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block in proportion to the number of Management Shares held by them; (iv) where any expenditure relates solely to or is solely for the benefit of the Car Parks (but does not relate solely to or is not solely for the benefit of any particular Car Park), the Car Park Common Areas and/or the Car Park Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Car Parks in proportion to the number of Management Shares held by them; (b) if the total contribution receivable as aforesaid by the Manager shall be insufficient to meet the Management Expenses and the Manager’s Remuneration for any reason whatsoever, any shortfall, whether incurred or to be incurred over and above the said budgeted sum, shall be carried forward to and recouped by adjusting the annual budget in accordance with the procedure in Clause (3:07) and the Management Fee for the next financial year provided always that the Manager may, at its discretion from time to time, demand from the Owner of each Unit on giving not less than one month’s prior notice in writing the additional monthly contribution payable by each Owner save that in exceptional circumstances such additional contribution may be recovered by special contribution in one lump sum as the Manager shall in its absolute discretion deem fit to meet the shortfall in Management Expenses and the Manager’s Remuneration subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed); (c) if there should be any surplus in the total amount of additional contributions from the Owners as aforesaid after payment of all the cost charge and expenses then such surplus shall be held by the Manager and be deposited in a bank account and shall only be applied by the Manager in or towards payment of future Management Expenses as the Manager shall decide subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed); Provided That notwithstanding the classification of the Common Areas/Common Facilities and the manner of the contribution to the Management Expenses set out above and where any expenditure has been incurred solely for the benefit of an Owner and/or a group of Owners and/or groups of Owners the Manager may charge that expenditure directly to that Owner or those Owners in such proportion as it may reasonably determine.
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Payment of Management Expenses and Special Fund and Enforcement Provisions. (3:05:01) Subject to the terms of the Seventh Schedule to this Deed,
(a) The the Owners of each of the Units (save and except the Owner of the Government Accommodation and the Owner of the Public Open Space) shall pay to the Manager monthly in advance the Management Fee in proportion to the Management Shares as set out in the Second Schedule hereto PROVIDED THAT no Owner shall be called upon to pay more than his appropriate shares of the Management Expenses as stated in the following:
(i) where any expenditure relates to or is for the benefit of the Lot and the Development Estate (but does not relate solely to or is not solely for the benefit of any Unit, Residential Commercial Common Areas, Duplex Units Residential Common Areas, Car Park Common Areas, Residential Commercial Common Facilities, Duplex Units Residential Common Facilities or and/or Car Park Common Facilities), the Development Estate Common Areas and/or the Development Estate Common Facilities the full amount of such expenditure shall be apportioned between all the Owners of the Development Estate (save and except the Owner of the Government Accommodation and the Owner of the Public Open Space) in proportion to the number of Management Shares held by them;
(ii) where any expenditure relates solely to or is solely for the benefit of the Residential Units (but does not relate solely to or is not solely for the benefit of any particular Residential Unit), the Residential Common Areas and/or the Residential Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Residential Units in proportion to the number of Management Shares held by them;
(iii) where any expenditure relates solely to or is solely for the benefit of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block (but does not relate solely to or is not solely for the benefit of any particular Unit of Unit-01 to Unit-03, Unit-05 to Unit- 12 and Unit-15 to Unit-19 in the Lower Block), the Duplex Units Common Areas and/or the Duplex Units Common Facilities the full amount of such expenditure shall be apportioned between the Owners of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of the Car Parks (but does not relate solely to or is not solely for the benefit of any particular Car Park), the Car Park Common Areas and/or the Car Park Common Facilities the full amount of such expenditure shall be apportioned between borne by the Owners of the Car Parks in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of the Commercial Units (but does not relate solely to or is not solely for the benefit of any particular Commercial Unit), the Commercial Common Areas and/or the Commercial Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Commercial Units in proportion to the number of Management Shares held by them;
(v) where any expenditure relates solely to or is solely for the benefit of a Unit, the full amount of such expenditure shall be borne by the Owner of such Unit;
(b) if the total contribution receivable as aforesaid by the Manager shall be insufficient to meet the Management Expenses and the Manager’s Remuneration for any reason whatsoever, any shortfall, whether incurred or to be incurred over and above the said budgeted sum, shall be carried forward to and recouped by adjusting the annual budget in accordance with the procedure in Clause (3:07) and the Management Fee for the next financial year provided always that the Manager may, at its discretion from time to time, demand from the Owner of each Unit (save and except the Owner of the Government Accommodation and the Owner of the Public Open Space) on giving not less than one month’s prior notice in writing the additional monthly contribution payable by each Owner (save and except the Owner of the Government Accommodation and the Owner of the Public Open Space) save that in exceptional circumstances such additional contribution may be recovered by special contribution in one lump sum as the Manager shall in its absolute discretion deem fit to meet the shortfall in Management Expenses and the Manager’s Remuneration subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)Remuneration;
(c) if there should be any surplus in the total amount of additional contributions from the Owners as aforesaid after payment of all the cost charge and expenses then such surplus shall be held by the Manager and be deposited in a bank account and shall only be applied by the Manager in or towards payment of future Management Expenses as the Manager shall decide subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)decide; Provided That where any expenditure has been incurred solely for the benefit of an Owner or group of Owners and notwithstanding the classification of the Common Areas/Areas and the Common Facilities and the manner of the contribution to the Management Expenses set out above and where any expenditure has been incurred solely for the benefit of an Owner and/or a group of Owners and/or groups of Owners above, the Manager may charge that expenditure directly to that Owner or those Owners in such proportion as it may reasonably determine.
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Payment of Management Expenses and Special Fund and Enforcement Provisions. (a) The Owners of each of the Units shall pay to the Manager monthly in advance the Management Fee in proportion to the Management Shares as set out in the Second Schedule hereto PROVIDED THAT no Owner shall be called upon to pay more than his appropriate shares of the Management Expenses as stated in the following:
(i) where any expenditure relates to or is for the benefit of the Lot and the Development (but does not relate solely to or is not solely for the benefit of any Unit, Residential Common Areas, Duplex Units Car Park Common Areas, Car Park Commercial Common Areas, Residential Common Facilities, Duplex Units Car Park Common Facilities or Car Park Commercial Common Facilities), the Development Common Areas and/or the Development Common Facilities the full amount of such expenditure shall be apportioned between all the Owners of the Development in proportion to the number of Management Shares held by them;
(ii) where any expenditure relates solely to or is solely for the benefit of the Residential Units (but does not relate solely to or is not solely for the benefit of any particular Residential Unit), the Residential Common Areas and/or the Residential Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Residential Units in proportion to the number of Management Shares held by them;
(iii) where any expenditure relates solely to or is solely for the benefit of Unit-01 to Unit-03, Unit-05 to Unit-12 the Commercial Car Parks and Unit-15 to Unit-19 in the Lower Block Residential Car Parks (but does not relate solely to or is not solely for the benefit of any particular Unit of Unit-01 to Unit-03, Unit-05 to Unit- 12 and Unit-15 to Unit-19 in the Lower Blockparking space), the Duplex Units Car Park Common Areas and/or the Duplex Units Car Park Common Facilities the full amount of such expenditure shall be apportioned between the Owners of Unit-01 to Unit-03, Unit-05 to Unit-12 the Commercial Car Parks and Unit-15 to Unit-19 in the Lower Block Residential Car Parks in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of the Car Parks Commercial Units (but does not relate solely to or is not solely for the benefit of any particular Car ParkCommercial Unit), the Car Park Commercial Common Areas and/or the Car Park Commercial Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Car Parks Commercial Units in proportion to the number of Management Shares held by them;
(v) where any expenditure relates solely to or is solely for the benefit of a Unit, the full amount of such expenditure shall be borne by the Owner of such Unit;
(b) if the total contribution receivable as aforesaid by the Manager shall be insufficient to meet the Management Expenses and the Manager’s Remuneration for any reason whatsoever, any shortfall, whether incurred or to be incurred over and above the said budgeted sum, shall be carried forward to and recouped by adjusting the annual budget in accordance with the procedure in Clause (3:07) and the Management Fee for the next financial year provided always that the Manager may, at its discretion from time to time, demand from the Owner of each Unit on giving not less than one month’s prior notice in writing the additional monthly contribution payable by each Owner save that in exceptional circumstances such additional contribution may be recovered by special contribution in one lump sum as the Manager shall in its absolute discretion deem fit to meet the shortfall in Management Expenses and the Manager’s Remuneration subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)Remuneration;
(c) if there should be any surplus in the total amount of additional contributions from the Owners as aforesaid after payment of all the cost charge and expenses then such surplus shall be held by the Manager and be deposited in a bank account and shall only be applied by the Manager in or towards payment of future Management Expenses as the Manager shall decide subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)decide; Provided That notwithstanding the classification of the Common Areas/Common Facilities and the manner of the contribution to the Management Expenses set out above and where any expenditure has been incurred solely for the benefit of an Owner and/or a or group of Owners and/or groups of Owners the Manager may charge that expenditure directly to that Owner or those Owners in such proportion as it may reasonably determine.
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Payment of Management Expenses and Special Fund and Enforcement Provisions. (a) The Owners of each of the Units shall pay to the Manager monthly in advance the Management Fee in proportion to the Management Shares as set out in the Second Schedule hereto PROVIDED THAT no Owner shall be called upon to pay more than his appropriate shares of the Management Expenses as stated in the followingfollowing parts:
(i) where any expenditure relates to or is for the benefit of the Lot and the Development Building (but does not relate solely to or is not solely for the benefit of any Unit, Residential Common Areas, Duplex Units Common Areas, Car Park Common Areas, Residential Common Facilities, Duplex Units Common Facilities or Car Park Common Facilities), the Development Building Common Areas and/or the Development Building Common Facilities the full amount of such expenditure shall be apportioned between all the Owners of the Development Building in proportion to the number of Management Shares held by them;
(ii) where any expenditure relates solely to or is solely for the benefit of the Residential Units (but does not relate solely to or is not solely for the benefit of any particular Residential Unit), the Residential Common Areas and/or the Residential Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Residential Units in proportion to the number of Management Shares held by them;
(iii) where any expenditure relates solely to or is solely for the benefit of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block (but does not relate solely to or is not solely for the benefit of any particular Unit of Unit-01 to Unit-03, Unit-05 to Unit- 12 and Unit-15 to Unit-19 in the Lower Block), the Duplex Units Common Areas and/or the Duplex Units Common Facilities the full amount of such expenditure shall be apportioned between the Owners of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of the Car Parks (but does not relate solely to or is not solely for the benefit of any particular Car Park), the Car Park Common Areas and/or the Car Park Common Facilities the full amount of such expenditure shall be apportioned between borne by the Owners of the Car Parks of the Building in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of a Unit, the full amount of such expenditure shall be borne by the Owner of such Unit.
(b) if If the total contribution receivable as aforesaid by the Manager shall be insufficient to meet the Management Expenses and the Manager’s Remuneration for any reason whatsoever, any shortfall, whether incurred or to be incurred over and above the said budgeted sum, shall be carried forward to and recouped by adjusting the annual budget in accordance with the procedure in Clause (3:07) and the Management Fee for the next financial year provided always that the Manager may, at its discretion from time to timetime (but subject to consultation with the Owners or the Owners’ Committee or Corporation (if formed)), demand from the Owner of each Unit on giving not less than one month’s prior notice in writing the additional monthly contribution payable by each Owner save that in exceptional circumstances such additional contribution may be recovered by special contribution in one lump sum as the Manager shall in its absolute discretion deem fit (but subject to consultation with the Owners or the Owners’ Committee or Corporation (if formed)) to meet the shortfall in the Management Expenses and the Manager’s Remuneration subject provided further that the provisions under Schedule 7 to the approval of the Owners’ Committee or the Owners’ Corporation Building Management Ordinance (if formed);Cap.344) shall be complied with.
(c) if If there should be any surplus in the total amount of additional contributions from the Owners as aforesaid after payment of all the cost charge and expenses then such surplus shall be held by the Manager and be deposited in a bank account and shall only be applied by the Manager in or towards payment of future Management Expenses as the Manager shall decide subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed); decide. Provided That notwithstanding where in the classification of the Common Areas/Common Facilities and the manner of the contribution to the Management Expenses set out above and where Manager’s opinion any expenditure has been incurred solely for the benefit of an Owner and/or a or group of Owners and/or groups of Owners the Manager may charge that expenditure directly to that Owner or those Owners in such proportion as it may reasonably determine.
Appears in 1 contract
Payment of Management Expenses and Special Fund and Enforcement Provisions. (a) The Owners of each of the Units shall pay to the Manager monthly in advance the Management Fee in proportion to the Management Shares as set out in the Second Schedule hereto PROVIDED THAT no Owner shall be called upon to pay more than his appropriate shares of the Management Expenses as stated in the following:
(i) where any expenditure relates to or is for the benefit of the Lot and the Development (but does not relate solely to or is not solely for the benefit of any Unit, Residential Common Areas, Duplex Units Tower Common Areas, Residential Car Park Common Areas, Common Areas for Commercial Accommodation, Residential Common Facilities, Duplex Units Tower Common Facilities, Residential Car Park Common Facilities or Car Park Common FacilitiesFacilities for Commercial Accommodation), the Development Common Areas and/or the Development Common Facilities the full amount of such expenditure shall be apportioned between all the Owners of the Development in proportion to the number of Management Shares held by them;
(ii) where any expenditure relates solely to or is solely for the benefit of the Residential Units (but does not relate solely to or is not solely for the benefit of any particular Residential Unit), the Residential Common Areas and/or the Residential Common Facilities the full amount of such expenditure shall be apportioned between the Owners of the Residential Units in proportion to the number of Management Shares held by them;
(iii) where any expenditure relates solely to or is solely for the benefit of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block Residential Units of all or any of the Towers (but does not relate solely to or is not solely for the benefit of any particular Residential Unit of Unit-01 to Unit-03, Unit-05 to Unit- 12 and Unit-15 to Unit-19 in the Lower BlockTower), the Duplex Units Tower Common Areas and/or the Duplex Units Tower Common Facilities the full amount of such expenditure shall be apportioned between the Owners of Unit-01 to Unit-03, Unit-05 to Unit-12 and Unit-15 to Unit-19 in the Lower Block Residential Units of the Towers in proportion to the number of Management Shares held by them;
(iv) where any expenditure relates solely to or is solely for the benefit of the Residential Car Parks (but does not relate solely to or is not solely for the benefit of any particular Residential Car Park), the Residential Car Park Common Areas and/or the Residential Car Park Common Facilities the full amount of such expenditure shall be apportioned between borne by the Owners of the Residential Car Parks in proportion to the number of Management Shares held by them;
(v) where any expenditure relates solely to or is solely for the benefit of the Common Areas for Commercial Accommodation and/or the Common Facilities for Commercial Accommodation the full amount of such expenditure shall be borne by the Owners of the Commercial Accommodation in proportion to the number of Management Shares held by them;
(vi) where any expenditure relates solely to or is solely for the benefit of a Unit, the full amount of such expenditure shall be borne by the Owner of such Unit;
(b) if the total contribution receivable as aforesaid by the Manager shall be insufficient to meet the Management Expenses and the Manager’s Remuneration for any reason whatsoever, any shortfall, whether incurred or to be incurred over and above the said budgeted sum, shall be carried forward to and recouped by adjusting the annual budget in accordance with the procedure in Clause (3:07) and the Management Fee for the next financial year provided always that the Manager may, at its discretion from time to time, demand from the Owner of each Unit on giving not less than one month’s prior notice in writing the additional monthly contribution payable by each Owner save that in exceptional circumstances such additional contribution may be recovered by special contribution in one lump sum as the Manager shall in its absolute discretion deem fit to meet the shortfall in Management Expenses and the Manager’s Remuneration subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)Remuneration;
(c) if there should be any surplus in the total amount of additional contributions from the Owners as aforesaid after payment of all the cost charge and expenses then such surplus shall be held by the Manager and be deposited in a bank account and shall only be applied by the Manager in or towards payment of future Management Expenses as the Manager shall decide subject to the approval of the Owners’ Committee or the Owners’ Corporation (if formed)decide; Provided That notwithstanding the classification of the Common Areas/Common Facilities and the manner of the contribution to the Management Expenses set out above and where any expenditure has been incurred solely for the benefit of an Owner and/or a or group of Owners and/or groups of Owners the Manager may charge that expenditure directly to that Owner or those Owners in such proportion as it may reasonably determine.
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