Managers Powers. 5.1 Subject to the provisions of the Building Management Ordinance, the management of the Land and the Development shall be undertaken by the Manager for an initial period of two (2) years from the date of this Deed and shall continue until terminated as provided under Clause 4.1 of this Deed and each Owner hereby irrevocably APPOINTS the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and subject to provisions of the Building Management Ordinance the Manager has the authority to act for and behalf of all Owners in accordance with the provisions of this Deed. In addition to the other powers expressly provided in this Deed, the Manager shall have authority to do all such acts and things as may be necessary or expedient for or in connection with the Land and the Development and the management thereof including in particular but without in any way limiting the generality of the foregoing :- (a) To demand, collect and receive all amounts payable by Owners under the provisions of this Deed; (i) To manage, maintain and control the common driveways and parking areas on the Land and the Development and to remove any cars, pedal bicycles, skateboards, motorcycles and other vehicles parked in any area not reserved for parking or loading and unloading or any vehicles parked in any Parking Space without the consent of the Owner or lawful occupier of such Parking Space or any vehicle parked in any Accessible Car Parking Space or Visitor Parking Space without payment of charges (if any) therefor and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of such Parking Spaces, Accessible Car Parking Space and Visitor Parking Space; (ii) To manage, maintain and control the use of the Accessible Car Parking Space, Visitor Parking Space, the Residential Loading and Unloading Space and the Commercial Loading and Unloading Space and subject to the prior approval of the Owners’ Committee (if already formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Common Areas and Facilities or the Commercial Common Areas and Facilities (as the case may be); (c) Unless otherwise directed by the Owners’ Corporation, to insure and keep insured the Common Areas and Facilities as comprehensively as reasonably possible and in particular to the full new reinstatement value against loss or damage by fire and such other risks as the Manager shall reasonably deem fit, public liability, occupiers’ liability and liability as employer of the employees of the Manager employed within or exclusively in connection with the management of the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure block insurance for the Development as a whole and to pay all premia required to keep such insurance policies in force; (d) To arrange for refuse collection and disposal from the Common Areas and Facilities and from areas designated as refuse collection points in the Development; (e) To keep in good order and repair the lighting of the Common Areas and Facilities; (f) To keep the Common Areas and Facilities in a clean and sanitary state and condition; (g) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, architectural fixtures and fittings thereof, elevations and façade forming part of the Common Areas and Facilities but excluding windows and window frames except those situated in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for one (1) month (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the Unit concerned requiring him to replace the same; (h) To choose from time to time the colour and type of façade of the Development, including that of the Residential Units; (i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions; (j) To keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable (PROVIDED THAT except with the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the Manager will not carry out any improvement of existing facilities or services or provision of additional facilities or services which involves expenditure in excess of 10% of the current annual management budget) and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for the maintenance of any such facilities; (k) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage; (l) To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development and the Common Areas and Facilities at such intervals as the same may reasonably require to be done; (m) To replace any glass in the Common Areas and Facilities that may be broken; (n) To keep the Common Areas and Facilities well lighted and in a tidy condition; (o) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities; (p) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department; (q) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction; (r) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof; (s) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times; (t) Subject to sub-clause (zz) of this Clause, to maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development; (u) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager; (v) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (except proceedings relating to the rights or obligations of individual Owners) and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Director of Lands or other competent authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise; (w) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed; (x) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed; (y) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof; (z) To prevent any person from overloading the floors of the Development or any part or parts thereof; (aa) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development; (bb) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings; (cc) To enter into contracts and to engage, appoint, employ, remunerate and dismiss consultants, other professional property management companies, contractors, agents or sub-managers to perform and carry out management works of the Land and the Development or any part thereof on such terms and conditions as the Manager deems fit, PROVIDED THAT the Manager shall not transfer or assign its rights duties or obligations under this Deed to any such persons and such persons shall remain responsible to the Manager. For the avoidance of doubt and notwithstanding anything contained in this Deed, the Manager shall at all times be responsible for the management and control of the whole Development; (dd) To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager and work on all matters related to the management of the Land and the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers, Club House staff, management staff, clerical staff, accountants, gardeners and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor; (ee) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned; (ff) To require all Owners or occupiers of the Units to maintain the Units owned or occupied by them in a satisfactory manner; (gg) To post the number of the Unit whose Owner or occupant is in default or in breach of the terms and conditions of this Deed together with particulars of the default or breach on the public notice boards of the Development; (hh) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant or obtain such easements, quasi-easements, rights, privileges and licences as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:- (i) the exercise of this right shall not contravene the provisions of the Government Grant; (ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and (iii) any payment received shall be credited to the Special Fund; (ii) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may reasonably think fit in respect of the Common Areas and Facilities and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises PROVIDED THAT:- (i) the exercise of this right shall not contravene the provisions of the Government Grant; (ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and (iii) any payment received shall be credited to the Special Fund; (jj) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its reasonable discretion deem appropriate and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land PROVIDED THAT:- (i) the exercise of this right shall not contravene the provisions of the Government Grant; (ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and (iii) any payment received shall be credited to the Special Fund; (kk) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole; (ll) Subject to the written approval of the Owners’ Corporation (if formed) or the Owners by a resolution passed at an Owners’ meeting convened under this Deed, to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:- (i) the exercise of this right shall not contravene the provisions of the Government Grant; (ii) the exercise of this righ
Appears in 1 contract
Managers Powers. 5.1 Subject to the provisions of the Building Management Ordinance, the Government Grant, this Deed and any Sub-Deed(s), the management of the Land and the Development shall be undertaken by the Manager for an initial period of two (2) years from the date of this Deed and shall continue until terminated as provided under Clause 4.1 of this Deed and each Owner hereby irrevocably APPOINTS Deed. Subject to the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and subject to provisions of the Building Management Ordinance the Manager has the authority to act for and behalf of all Owners in accordance with the provisions of this Deed. In addition to the other powers expressly provided in this DeedOrdinance, the Manager shall have the authority to do all such acts and things as may be necessary or expedient for or the management of the Development for and on behalf of all Owners in connection accordance with the Land provisions of this Deed and each Owner irrevocably appoints the Development Manager as agent in respect of any matter concerning the Common Areas and the management thereof including in particular but without Facilities and all other matters duly authorized under this Deed. Without in any way limiting the generality of the foregoing :foregoing, the Manager shall have the rights and powers to do the following: -
(a) To to demand, collect and receive all amounts payable by the Owners under the provisions of this Deed;
(b) (i) To to manage, maintain and control the common driveways and parking areas on the Land and the Development and to remove any carscar, pedal bicyclesbicycle, skateboardsskateboard, motorcycles motorcycle and other vehicles parked in any area not reserved for parking or loading and unloading or any vehicles vehicle parked in any Parking Space without the consent of the Owner or lawful occupier of such Parking Space or any vehicle parked in any Accessible Visitors’ Parking Spaces or Car Parking Space or Visitor Parking Space Spaces for Disabled Persons without payment of charges (if any) therefor and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of such the Parking Spaces, Accessible the Visitors’ Parking Spaces and the Car Parking Space and Visitor Parking SpaceSpaces for Disabled Persons;
(ii) To manage, maintain and control the use of the Accessible Car Parking Space, Visitor Parking Space, the Residential Loading and Unloading Space and the Commercial Loading and Unloading Space and subject to the prior approval of the Owners’ Committee (if already formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Common Areas and Facilities or the Commercial Common Areas and Facilities (as the case may be);
(c) Unless otherwise directed by the Owners’ Corporation, to insure and keep insured the Common Areas and Facilities as comprehensively as reasonably possible and in particular to the full new reinstatement value against loss or damage by fire and such other risks as the Manager shall reasonably deem fit, public liability, occupiers’ liability and liability as employer of the employees of the Manager employed within or exclusively in connection with the management of the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure block insurance for the Development as a whole and to pay all premia required to keep such insurance policies in force;
(d) To arrange for refuse collection and disposal from the Common Areas and Facilities and from areas designated as refuse collection points in the Development;
(e) To keep in good order and repair the lighting of the Common Areas and Facilities;
(f) To keep the Common Areas and Facilities in a clean and sanitary state and condition;
(g) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, architectural fixtures and fittings thereof, elevations and façade forming part of the Common Areas and Facilities but excluding windows and window frames except those situated in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for one (1) month (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the Unit concerned requiring him to replace the same;
(h) To choose from time to time the colour and type of façade of the Development, including that of the Residential Units;
(i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(j) To keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable (PROVIDED THAT except with the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the Manager will not carry out any improvement of existing facilities or services or provision of additional facilities or services which involves expenditure in excess of 10% of the current annual management budget) and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for the maintenance of any such facilities;
(k) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(l) To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(m) To replace any glass in the Common Areas and Facilities that may be broken;
(n) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(o) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(p) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(q) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(r) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(s) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(t) Subject to sub-clause (zz) of this Clause, to maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(u) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(v) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (except proceedings relating to the rights or obligations of individual Owners) and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Director of Lands or other competent authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;
(w) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed;
(x) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed;
(y) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(z) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(aa) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(bb) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings;
(cc) To enter into contracts and to engage, appoint, employ, remunerate and dismiss consultants, other professional property management companies, contractors, agents or sub-managers to perform and carry out management works of the Land and the Development or any part thereof on such terms and conditions as the Manager deems fit, PROVIDED THAT the Manager shall not transfer or assign its rights duties or obligations under this Deed to any such persons and such persons shall remain responsible to the Manager. For the avoidance of doubt and notwithstanding anything contained in this Deed, the Manager shall at all times be responsible for the management and control of the whole Development;
(dd) To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager and work on all matters related to the management of the Land and the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers, Club House staff, management staff, clerical staff, accountants, gardeners and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(ee) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ff) To require all Owners or occupiers of the Units to maintain the Units owned or occupied by them in a satisfactory manner;
(gg) To post the number of the Unit whose Owner or occupant is in default or in breach of the terms and conditions of this Deed together with particulars of the default or breach on the public notice boards of the Development;
(hh) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant or obtain such easements, quasi-easements, rights, privileges and licences as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(ii) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may reasonably think fit in respect of the Common Areas and Facilities and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jj) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its reasonable discretion deem appropriate and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(kk) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(ll) Subject to the written approval of the Owners’ Corporation (if formed) or the Owners by a resolution passed at an Owners’ meeting convened under this Deed, to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this righ
Appears in 1 contract
Sources: Deed of Mutual Covenant
Managers Powers. 5.1 Subject to the provisions of the Building Management Ordinance, the Government Grant, this Deed and any Sub-Deed(s), the management of the Land and the Development shall be undertaken by the Manager for an initial period of two (2) years from the date of this Deed and shall continue until terminated as provided under Clause 4.1 of this Deed and each Owner hereby irrevocably APPOINTS the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and any Sub-Deed(s) and subject to provisions of the Building Management Ordinance Ordinance, the Manager has the authority to act for and on behalf of all Owners in accordance with the provisions of this DeedDeed and any Sub-Deed(s). In addition to the other powers expressly provided in this DeedDeed and any Sub-Deed(s), the Manager shall have authority to do all such acts and things as may be necessary or expedient for or in connection with the management of the Land and the Development and the management thereof including in particular but without in any way limiting the generality of the foregoing :foregoing: -
(a) To demand, collect and receive all amounts payable by Owners under the provisions of this Deed;
(i) To manage, maintain and control the common driveways and parking areas on the Land and the Development and to remove any cars, pedal bicycles, skateboards, motorcycles and other vehicles parked in any area not reserved for parking or loading and unloading or any vehicles parked in any Parking Space without the consent of the Owner or lawful occupier of such Parking Space or any vehicle parked in any Accessible Visitors’ Parking Spaces, Residential Car Parking Space Spaces for Disabled Persons or Visitor Bicycle Parking Space Spaces without payment of charges (if any) therefor and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of such the Parking Spaces, Accessible the Visitors’ Parking Spaces, the Residential Car Parking Space Spaces for Disabled Persons and Visitor the Bicycle Parking SpaceSpaces;
(ii) To manage, maintain and control the use of the Accessible Car Visitors’ Parking Space, Visitor Parking SpaceSpaces, the Residential Loading and Unloading Space Car Parking Spaces for Disabled Persons and the Commercial Loading and Unloading Space Bicycle Parking Spaces and subject to the prior approval of the Owners’ Committee (if already only after it has been formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Common Areas and Facilities Facilities;
(iii) To manage, maintain and control the use of the Residential Loading and Unloading Bay In Phase 1 and subject to the prior approval of the Owners’ Committee (only after it has been formed) or the Commercial Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Tower Common Areas and Facilities (as the case may be)Facilities;
(c) Unless otherwise directed by the Owners’ Corporation, to insure and keep insured the Common Areas and Facilities as comprehensively as reasonably possible and in particular to the full new reinstatement value against loss or damage by fire and or such other risks as the Manager shall reasonably deem fit, public liability, occupiers’ liability and employer’s liability as employer of for the employees of the Manager employed within or exclusively the Development in connection with the management of the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure block insurance for the Development as a whole and to pay all premia required to keep such insurance policies in force;
(d) To arrange for refuse collection and disposal from the Common Areas and Facilities and from areas designated as refuse collection points storage and material recovery chamber in the Development;
(e) To keep in good order and repair and condition the lighting of the Common Areas and Facilities;
(f) To keep the Common Areas and Facilities in a clean and sanitary state and condition;
(g) To repair, improve, renovate, maintain, clean, paint or otherwise treat or decorate as appropriate, those the structure and fabric of the Development, the external wallswalls (excluding the external walls of the Houses), architectural fixtures and fittings thereof, elevations elevations, façade, canopies, architectural features, fixtures and façade fittings thereof forming part of the Common Areas and Facilities but excluding windows and window frames except those situated in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for one seven (17) month days (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the Unit concerned requiring him to replace the same;
(h) To choose from time to time the colour and type of façade of the Development, including that of the Common Areas and Facilities and the Residential Units;
(i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(j) To keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable (PROVIDED THAT except with the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the Manager will not carry out any improvement of existing facilities or services or provision of additional facilities or services which involves expenditure in excess of 10% of the current annual management budget) and to keep the fire fire-fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for the maintenance of any such facilities;
(k) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(l) To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(m) To replace any glass in the Common Areas and Facilities that may be has been broken;
(n) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(o) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(p) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities of the Development to the satisfaction of the Food and Environmental Hygiene Departmentrelevant Government authorities;
(q) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(r) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(s) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. television system and burglar alarms and other security measures in the Development at all times;
(t) Subject to sub-clause (zz) of this Clause, to To maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(u) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing anything in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and or this Deed or any Sub-Deed(s)and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(v) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (except proceedings relating to the rights or obligations of individual Owners) and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Director of Lands or other competent authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (Cap. 4A) (or any provision amending or in substitution for the same) or the Government Grant or otherwise;
(w) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this DeedDeed or any Sub-Deed(s) or the Estate Rules;
(x) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this DeedDeed or any Sub-Deed(s) or the Estate Rules;
(y) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(z) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(aa) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(bb) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of the Development with power to bind all Owners as to any policy reasonably adopted or decision reasonably reached or action reasonably taken in relation to any such dealings;
(cc) To Subject to Clause 5.8 below, to enter into contracts and to engage, appoint, employ, remunerate and dismiss consultants, other professional property management companies, contractors, agents or sub-managers to perform and carry out various aspects of the management works or management works in respect of certain area(s) of the Land and the Development or any part thereof on such terms and conditions as the Manager deems fit, PROVIDED THAT the Manager shall not transfer or assign its rights duties or obligations under this Deed and any Sub-Deed(s) to any such persons and such persons shall remain responsible to the Manager. For the avoidance of doubt and notwithstanding anything contained in this Deeddoubt, the Manager shall at all times be responsible for the management and control of the whole Development;
(dd) To Subject to Clause 5.8 below, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants accountants, surveyors and other professional advisers and consultants to give advice to the Manager and work on all matters related to the management of the Land and the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers, Club House clubhouse staff, management staff, clerical staff, accountants, gardeners and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with this Deed and any Sub- Deed(s) on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefordecide;
(ee) To enforce the due observance and performance by the Owners and occupiers of the terms and conditions of the Government Grant and this Deed and any Sub-Deed(s) and the Estate Rules and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ff) To require all Owners or occupiers of the Units to maintain the Units owned or occupied by them in a satisfactory manner;
(gg) To post the number of the Unit whose Owner or occupant is in default or in breach of the terms and conditions of this Deed or any Sub-Deed(s) together with particulars of the default or breach on the public notice boards of the DevelopmentDevelopment after prior written notice to the defaulting Owner if the defaulting Owner fails to remedy his default or breach after a reasonable period of time has been given to him to do so;
(hhgg) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this DeedDeed and subject to the Government Grant, to grant or obtain such easements, quasi-easements, rights, privileges privileges, licences, and licences informal arrangements as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-THAT: -
(i) the exercise of this right shall not contravene interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the provisions access to or from such Unit; and
(ii) any payment received shall be credited to the Special Fund;
(hh) Subject to the prior written approval of Owners at an Owners’ meeting convened under this Deed and subject to the Government Grant, to grant rights of way or access or use the Common Areas and Facilities at any floor level (other than the floor level of the Residential Accommodation, the Recreational Areas and Facilities and the Club House) to the owners or occupiers of any other premises adjoining the Land and upon such terms and conditions as the Manager may think fit PROVIDED THAT: -
(i) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and or from his such Unit; and
(iii) any payment received shall be credited to the Special Fund;
(ii) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, Deed and subject to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may reasonably think fit in respect of the Common Areas and Facilities and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jj) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its reasonable absolute discretion deem appropriate PROVIDED THAT: -
(i) any benefit thereof shall accrue to the Owners and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grantsuch adjoining properties;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(kk) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(ll) Subject to the written approval of the Owners’ Corporation (if formed) or the Owners by a resolution passed at an Owners’ meeting convened under this Deed, to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this righo
Appears in 1 contract
Sources: Principal Deed of Mutual Covenant
Managers Powers. 5.1 Subject to the provisions of the Building Management Ordinance, the management of the Land and the Development shall be undertaken by the Manager for an initial period of two (2) years from the date of this Deed and shall continue until terminated as provided under Clause 4.1 of this Deed and each Owner hereby irrevocably APPOINTS Deed. Subject to the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and subject to provisions of the Building Management Ordinance the Manager has the authority to act for and behalf of all Owners in accordance with the provisions of this Deed. In addition to the other powers expressly provided in this DeedOrdinance, the Manager shall have the authority to do all such acts and things as may be necessary or expedient for or the management of the Development for and on behalf of all Owners in connection accordance with the Land provisions of this Deed and each Owner irrevocably appoints the Development Manager as agent in respect of any matter concerning the Common Areas and the management thereof including in particular but without Facilities and all other matters duly authorized under this Deed. Without in any way limiting the generality of the foregoing foregoing, the Manager shall have the rights and powers to do the following :-
(a) To demand, collect and receive all amounts payable by Owners under the provisions of this Deed;
(i) To manage, maintain and control the common driveways and parking areas on the Land and the Development and to remove any cars, pedal bicycles, skateboards, motorcycles and other vehicles parked in any area not reserved for parking or loading and unloading or any vehicles parked in any Parking Space or in any parking space or lay-by of the Kindergarten without the consent of the Owner or lawful occupier of such Parking Space or the Kindergarten or any vehicle parked in any Accessible Visitors’ Parking Spaces, Residential Car Parking Space Spaces for Disabled Persons or Visitor Bicycle Parking Space Spaces without payment of charges (if any) therefor and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of such the Parking Spaces, Accessible the parking spaces and lay-bys of the Kindergarten, the Visitors’ Parking Spaces, the Residential Car Parking Space Spaces for Disabled Persons and Visitor the Bicycle Parking SpaceSpaces;
(ii) To manage, maintain and control the use of the Accessible Visitors’ Parking Spaces, the Residential Car Parking SpaceSpaces for Disabled Persons, Visitor the Bicycle Parking SpaceSpaces, the Residential Loading and Unloading Space and the Commercial Loading and Unloading Space Bays and subject to the prior approval of the Owners’ Committee (if already formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Common Areas and Facilities or the Commercial Common Areas and Facilities (as the case may be)Facilities;
(c) Unless otherwise directed by the Owners’ Corporation, to insure take out and keep insured the Common Areas and Facilities as comprehensively as reasonably possible and in particular update insurance to the full new reinstatement value against in respect of loss or damage by fire and such other risks as in respect of the Manager shall reasonably deem fit, Common Areas and Facilities and also for insurance covering public liability, occupiers’ liability and employer’s liability as employer of the employees of the Manager employed within or exclusively in connection with the management of the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure block insurance for the Development as a whole and to pay all premia required to keep such insurance policies in force;
(d) To arrange for refuse collection and disposal from the Common Areas and Facilities and from areas designated as refuse collection points in the Development;
(e) To keep in good order and repair the lighting of the Common Areas and Facilities;
(f) To keep the Common Areas and Facilities in a clean and sanitary state and condition;
(g) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, architectural fixtures and fittings thereof, elevations and façade forming part of the Common Areas and Facilities but excluding windows and window frames except those situated in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for one seven (17) month days (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the Unit concerned requiring him to replace the same;
(h) To choose from time to time the colour and type of façade of the Development, including that of the Residential Units;
(i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(j) To keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable (PROVIDED THAT except with the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the Manager will not carry out any improvement of existing facilities or services or provision of additional facilities or services which involves expenditure in excess of 10% of the current annual management budget) and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for the maintenance of any such facilities;
(k) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(l) To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(m) To replace any glass in the Common Areas and Facilities that may be has been broken;
(n) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(o) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(p) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(q) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(r) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(s) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(t) Subject to sub-clause (zz) of this Clause, to To maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(u) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(v) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (except proceedings relating to the rights or obligations of individual Owners) and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Director of Lands or other competent authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;necessitating
(w) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed;
(x) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed;
(y) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(z) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(aa) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(bb) To have the sole right to represent all the Owners in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of the Development with power to bind all Owners as to any policy adopted or decision reached or action taken in relation to any such dealings;
(cc) To enter into contracts and to engage, appoint, employ, remunerate and dismiss consultants, other professional property management companies, contractors, agents or sub-managers to perform and carry out management works of the Land and the Development or any part thereof on such terms and conditions as the Manager deems fit, PROVIDED THAT the Manager shall not transfer or assign its rights duties or obligations under this Deed to any such persons and such persons shall remain responsible to the Manager. For the avoidance of doubt and notwithstanding anything contained in this Deed, the Manager shall at all times be responsible for the management and control of the whole Development;
(dd) To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager and work on all matters related to the management of the Land and the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers, Club House staff, management staff, clerical staff, accountants, gardeners and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(ee) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ff) To require all Owners or occupiers of the Units to maintain the Units owned or occupied by them in a satisfactory manner;
(gg) To post the number of the Unit whose Owner or occupant is in default or in breach of the terms and conditions of this Deed together with particulars of the default or breach on the public notice boards of the Development;
(hh) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant or obtain such easements, quasi-easements, rights, privileges and licences as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(ii) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may reasonably think fit in respect of the Common Areas and Facilities and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jj) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its reasonable discretion deem appropriate and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(kk) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(ll) Subject to the written approval of the Owners’ Corporation (if formed) or the Owners by a resolution passed at an Owners’ meeting convened under this Deed, to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this righ
Appears in 1 contract
Managers Powers. 5.1 Subject to the provisions of the Building Management Ordinance, the management of the Land and the Development shall be undertaken by the Manager for an initial period of two (2) years from the date of this Deed and shall continue until terminated as provided under Clause 4.1 of this Deed and each Owner hereby irrevocably APPOINTS Deed. Subject to the Manager as agent for all Owners in respect of any matter concerning the Common Areas and Facilities duly authorised in accordance with the provisions of this Deed and subject to provisions of the Building Management Ordinance the Manager has the authority to act for and behalf of all Owners in accordance with the provisions of this Deed. In addition to the other powers expressly provided in this DeedOrdinance, the Manager shall have authority to do all such acts and things as may be necessary or expedient for or the management of the Development for and on behalf of all Owners in connection accordance with the Land provisions of this Deed and each Owner irrevocably appoints the Development Manager as agent in respect of any matter concerning the Common Areas and the management thereof including in particular but without Facilities and all other matters duly authorized under this Deed. Without in any way limiting the generality of the foregoing foregoing, the Manager shall have the rights and powers to do the following :-
(a) To demand, collect and receive all amounts payable by Owners under the provisions of this Deed;
(i) To manage, maintain and control the common driveways and parking areas on the Land and the Development and to remove any cars, pedal bicycles, skateboards, motorcycles and other vehicles parked in any area not reserved for parking or loading and unloading or any vehicles parked in any Parking Space without the consent of the Owner or lawful occupier of such Parking Space or any vehicle parked in any Visitor Car Parking Space, Accessible Car Parking Space or Visitor Parking Residential Loading and Unloading Space without payment of charges (if any) therefor and to do all such acts and things as may be necessary to provide unimpeded access thereto by the persons entitled for the time being to the use of such Parking Spaces, Visitor Car Parking Spaces, Accessible Car Parking Space and Visitor Parking Residential Loading and Unloading Space;
(ii) To manage, maintain and control the use of the Accessible Parking Space and subject to the prior approval of the Owners’ Committee (if already formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Development Common Areas and Facilities; and
(iii) To manage, maintain and control the use of the Visitor Car Parking Space, Visitor Parking Space, Spaces and the Residential Loading and Unloading Space and the Commercial Loading and Unloading Space and subject to the prior approval of the Owners’ Committee (if already formed) or the Owners’ Corporation (if formed) to fix reasonable charges for the use thereof PROVIDED THAT all income deriving therefrom shall form part of the management funds for the Residential Common Areas and Facilities or the Commercial Common Areas and Facilities (as the case may be)Facilities;
(c) Unless otherwise directed by the Owners’ Corporation, to insure and keep insured the Common Areas and Facilities as comprehensively as reasonably possible and in particular to the full new reinstatement value against loss or damage by fire and such other risks as the Manager shall reasonably deem fit, public liability, occupiers’ liability and liability as employer of the employees of the Manager employed within or exclusively in connection with the management of the Development with some reputable insurance company or companies in the name of the Manager for and on behalf of the Owners according to their respective interests and in such sum or sums as the Manager shall deem fit and to pay all premia required to keep such insurance policies in force and, without limiting the generality of the foregoing, if the Manager considers so desirable, to procure block insurance for the Development as a whole and to pay all premia required to keep such insurance policies in force;
(d) To arrange for refuse collection and disposal from the Common Areas and Facilities and from areas designated as refuse collection points in the Development;
(e) To keep in good order the Common Areas and repair Facilities well-lit and the lighting of the Common Areas and FacilitiesFacilities in good order and repair;
(f) To keep the Common Areas and Facilities in a tidy, clean and sanitary state and condition;
(g) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, those external walls, architectural fixtures and fittings thereof, elevations and façade forming part of the Common Areas and Facilities but excluding windows and window frames except those situated in the Common Areas and Facilities PROVIDED THAT the Manager shall have the power at the expense of the Owner concerned to replace broken window glass if any such shall be broken and remain unreplaced for one (1) month (except in emergency) after the Manager shall have served a notice on the Owner or occupier of the Unit (excluding the Government Accommodation) concerned requiring him to replace the same;
(h) To choose from time to time the colour and type of façade of the Development, including that of the Residential Units;
(i) To keep all the sewers, drains, watercourses and pipes forming part of the Common Areas and Facilities free and clear from obstructions;
(ji) To keep all the Common Areas and Facilities in good condition and working order and to extend or improve existing facilities or provide additional facilities as the Manager shall at its reasonable discretion deem necessary or desirable (PROVIDED THAT except with the prior approval by a resolution of Owners at an Owners’ meeting convened under this Deed, the Manager will not carry out any improvement of existing facilities or services or provision of additional facilities or services which involves expenditure in excess of 10% of the current annual management budget) and to keep the fire fighting equipment in accordance with any laws and regulations applicable thereto and whenever it shall be necessary or convenient so to do at the Manager’s discretion to enter into contracts with third parties for the maintenance of any such facilities;
(kj) To prevent so far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Development onto any part of any public roads or any road-culverts, sewers, drains, nullahs or other Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, waterways, watercourses, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in, under, over or adjacent to the Land or any part thereof by reason of any maintenance or other works carried out by the Manager as herein provided and to make good any such damage;
(lk) To paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Development and the Common Areas and Facilities at such intervals as the same may reasonably require to be done;
(ml) To replace any broken glass in the Common Areas and Facilities that may be brokenFacilities;
(n) To keep the Common Areas and Facilities well lighted and in a tidy condition;
(om) To keep in good order and repair the ventilation of the enclosed part or parts of the Common Areas and Facilities;
(pn) To prevent refuse from being deposited on the Development or any part thereof not designated for refuse collection and to remove all refuse from all parts of the Development and arrange for its disposal at such regular intervals and to maintain either on or off the Development refuse collection facilities to the satisfaction of the Food and Environmental Hygiene Department;
(qo) To prevent unauthorised obstruction of the Common Areas and Facilities and to remove and impound any structure article or thing causing the obstruction;
(rp) To make suitable arrangements for the supply of fresh and flushing water, gas and electricity and any other utility or service to or for the Development or any part thereof;
(sq) To provide and maintain as the Manager deems reasonably necessary security force, watchmen, porters, caretakers, closed circuit T.V. system and burglar alarms and other security measures in the Development at all times;
(tr) Subject to sub-clause (zzxx) of this Clause, to maintain and operate or contract for the maintenance and operation of the communal radio or television aerials, or cable television system (if any) which serve the Development;
(us) To remove any structure or installation, signboard, advertisement, sunshade, bracket, fitting, obstruction, device, aerial or any thing in or on the Development or any part thereof which is illegal, unauthorised or which contravenes the terms herein contained or any of the provisions of the Government Grant and to demand and recover from the Owner by whom such structure or other thing as aforesaid was erected or installed the costs and expenses of such removal and the making good of any damages caused thereby to the satisfaction of the Manager;
(vt) To appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in the management of the Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Land and the Development of all legal proceedings relating to the Land and the Development (except proceedings relating to the rights or obligations of individual Owners) and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Land and the Development or the management thereof, and, in particular but without limiting the foregoing, in all proceedings in which the Government shall be a party and at all times within seven (7) days of being requested so to do by the Director of Lands or other competent authority or officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purpose of Order 10 Rule 1 of the Rules of the High Court (or any provision amending or in substitution for the same) or otherwise;
(wu) To prevent (by legal action if necessary) any person including an Owner from occupying or using any part of the Land and the Development in any manner in contravention of the Government Grant or this Deed;
(xv) To prevent (by legal action if necessary) and to remedy any breach by any Owner or other person occupying or visiting the Development of any provisions of the Government Grant or this Deed;
(yw) To prevent any person detrimentally altering or injuring any part or parts of the Development or any of the Common Areas and Facilities thereof;
(zx) To prevent any person from overloading the floors of the Development or any part or parts thereof;
(aay) To prevent any person from overloading any of the electrical installations and circuits or any of the mains or wiring in the Development;
(bbz) To have the sole right to represent all the Owners (excluding FSI and GPA) in all matters and dealings with the Government or any statutory body or any utility or other competent authority or any other person whomsoever in any way touching or concerning the Land and the Development as a whole or the Common Areas and Facilities, the Fire Safety Management Plan (including but not limited to all fire services installations required to be installed pursuant to the Fire Safety Management Plan) and the fire safety system of the Development with power to bind all Owners (excluding FSI and GPA) as to any policy adopted or decision reached or action taken in relation to any such dealings;
(ccaa) To enter into contracts and to engage, appoint, appoint or employ, remunerate and dismiss consultantsagents, other contractors or sub-managers (including professional property management companies, contractors, agents or sub-managers ) to perform and carry out management works of the Land and the Development all or any part thereof on such terms of its duties and conditions as the Manager deems fit, obligations under this Deed PROVIDED THAT the Manager shall not transfer or assign its rights duties or obligations under this Deed to any such persons and such persons third parties who shall remain responsible to the Manager. For the avoidance of doubt and notwithstanding anything contained in this Deeddoubt, the Manager shall at all times be responsible for the management and control of the whole DevelopmentDevelopment in accordance with the provisions of this Deed and no provisions in this Deed shall operate to take away or reduce, or shall be construed to have the effect of taking away or reducing, such responsibility;
(ddbb) To enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects, accountants and other professional advisers and consultants to give advice to the Manager and work on all matters related to the management of the Land and the Development and the performance of the Manager’s powers and duties hereunder and to recruit and employ such workmen, servants, watchmen, caretakers, Club House staff, management staff, clerical staff, accountants, gardeners and other staff and attendants as may from time to time be necessary to enable the Manager to perform any of its powers and duties in accordance with this Deed on such terms as the Manager shall in its reasonable discretion decide and to provide accommodation, uniforms, working clothes, tools, appliances, cleaning and other materials and all equipment necessary therefor;
(eecc) To enforce the due observance and performance by the Owners of the terms and conditions of the Government Grant and this Deed and to take action in respect of any breach thereof including the commencement, conduct and defence of legal proceedings and the registration and enforcement of charges as herein mentioned;
(ffdd) To require all Owners or occupiers of the Units to maintain the Units owned or occupied by them in a satisfactory manner;
(gg) To post the number of the Unit whose Owner or occupant is in default or in breach of the terms and conditions of this Deed together with particulars of the default or breach on the public notice boards of the Development;
(hhee) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant or obtain such easements, quasi-easements, rights, privileges and licences as it shall in its absolute discretion consider necessary to ensure the efficient management of the Land and the Development PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(iiff) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant rights of way or access or use at any level to the owners or occupiers of any other premises adjoining the Land or to such person and persons and upon such terms and conditions as the Manager may reasonably think fit in respect of the Development Common Areas and Facilities and on behalf of the Owners to obtain a grant of similar rights in respect of such adjoining premises PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jjgg) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant easements and rights of any other kind to the owners and occupiers of adjoining properties to construct, lay, maintain, remove and renew drains, pipes, cables, irrigation pipes, and other installations, fittings, ▇▇▇▇▇▇▇▇, and other equipment and structures within the Land which the Manager shall in its reasonable discretion deem appropriate and on behalf of the Owners to obtain a grant of similar easements and rights from owners or managers of neighbouring land PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this right shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(kkhh) To deal with all enquiries, complaints, reports and correspondence relating to the Development as a whole;
(llii) Subject to the prior written approval of the Owners’ Corporation (if formed) or the Owners by a resolution of the Owners passed at an Owners’ meeting convened under this Deed, to grant franchises, leases, tenancy agreements and licences to other persons to use such of the Common Areas and Facilities and on such terms and conditions and for such consideration as the Manager shall reasonably think fit PROVIDED THAT:-
(i) the exercise of this right shall not contravene the provisions of the Government Grant;
(ii) the exercise of this righright shall not interfere with an Owner’s right to hold, use, occupy and enjoy his Unit or impede or restrict the access to and from his Unit; and
(iii) any payment received shall be credited to the Special Fund;
(jj) To remove and require the removal of any dog, cat, bird, animal or pet from the Development, if such dog, cat, bird, animal or pet has been the subject of a breach of t
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