Incorporated owners replacing dangerous grille against owner’s wishes

In Grenville House (IO) v Wong Tak Keung Stanley ([2011] HKEC 1519 (District Court) an EGM of the owners resolved to replace the air grilles on the external walls of the estate due to safety concerns. The defendant, one of the owners, refused to allow entry to his flat to carry out the works. A warrant to enter the flat was obtained and the works were carried out. The owners now sought to recover the cost of the work from the defendant. They succeeded. The owners were entitled to enter the flat and carry out the work (section 40(1) (a) and (b) of the Building Management Ordinance). They were also entitled to recover the cost from the owner (section 40(1)(3) of the BMO).

The fact that the membership of the Management Committee had at times fallen below the number required by Schedule 2 to the BMO did not invalidate any of the decisions they may have taken. The fact that the management committee took decisions outside the confines of a formally convened meeting did not matter. They could rely on the Duomatic principle.

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