Incorporated owners must do everything reasonably necessary to enforce the DMC

In Bealieu Peninsula (IO) v Perfect China International Ltd ([2012] HKEC 294) PC owned house 31 in a development. For about a year, PC complained to the management of the incorporated owners about extensive alterations and additions being made by the neighbour at number 30. These were visible from number 31. The management tried (in vain) to gain access to number 30 to inspect the works, organised meetings between the neighbours and procured the involvement of the Government’s Buildings Department. The parties accepted that the DMC and section 18(1)(c) of the Building Management Ordinance required the incorporated owners to do everything reasonably necessary to enforce the DMC obligations. The Lands Tribunal had no hesitation in deciding that this duty had not been discharged by the actions taken and ordered the incorporated owners to do everything reasonably necessary; this included bringing proceedings against the owner of number 30 in respect of the works done in breach of covenant.

The management could not pass this burden onto the Buildings Department. The incorporated owners had their own duty to perform.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


%d bloggers like this: