Knowledge of DMC and decoration guidelines

In Jing Hui Garden v Ng Kei Sang ([2007] HKEC 874, LT) the owner of a flat in a building covered by a DMC carried out works (new air conditioner and water pipe) in breach of the DMC and contrary to decoration guidelines promulgated by the Management Committee after the building had been redecorated. Part of his defence to the action brought by the incorporated owners was that he had knowledge of neither the terms of the DMC nor the decoration guidelines. This failed. Knowledge of the DMC was imputed to him. The decoration guidelines had been on public display in the building. He also argued that he had been unfairly singled out by the owners since other breaches had, he alleged, gone unchallenged. The Tribunal cast doubt on this allegation but pointed out that, in any event, the Incorporated Owners were under a duty to enforce the Deed of Mutual Covenant.

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