Control and operation and administration of Common Parts Clause Samples
The 'Control and operation and administration of Common Parts' clause defines who is responsible for managing, maintaining, and overseeing the shared areas of a property, such as lobbies, hallways, parking lots, or gardens. Typically, this responsibility falls to the landlord or a designated management company, which ensures that these areas are kept clean, safe, and in good repair, and may also set rules for their use. The core function of this clause is to allocate responsibility for the upkeep and orderly operation of common spaces, thereby preventing disputes and ensuring that all occupants benefit from well-maintained shared facilities.
Control and operation and administration of Common Parts. (a) To, without prejudice to the Owners’ right under paragraph 1 of Part A of Schedule 2 and subject to the provisions of this Deed, the Land Grant and the Ordinance, have exclusive control over the Common Parts and to generally administer and manage the Common Parts.
(b) To operate the Common Parts in such manner as the Manager reasonably deems fit.
(c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts and the Land as a whole.
(d) To regulate pedestrian traffic in the Common Parts.
(e) To prevent obstruction of the Common Parts.
(f) If any article or vehicle is causing obstruction of the Common Parts or is brought onto or remains in the Common Parts in contravention of this Deed or the Development Rules or parking fees payable in respect of any vehicle parked in areas comprised in the Common Parts have not been paid, to:
(i) remove and impound the article or vehicle concerned;
(ii) recover from the Owner who or whose tenant, licensee or visitor has brought the article onto the Common Parts (in this paragraph 4(f), the “Defaulting Owner”) all costs and expenses incurred by the Manager in the removal and impoundment and (as the case may be) the parking fees in default and other penalties and charges;
(iii) pending the recovery of such costs, expenses, parking fees, penalties and charges, claim a lien on the article or vehicle; and
(iv) if these amounts are not paid within a time which the Manager may reasonably determine, dispose of the article or vehicle in such manner as the Manager may reasonably decide and apply the proceeds towards payment of the amounts secured by the lien.
(g) To take all steps which the Manager reasonably considers appropriate for preventing any person from doing anything which may damage or interfere with the Common Parts or the normal functioning thereof.
(h) To remove from the Common Parts any person who fails to comply with those of the Development Rules governing the use of the Common Parts or the conduct of any person using or present in the Common Parts.
(i) To charge as the Manager reasonably deems fit a fee for the entry into and/or use of the Recreational Facilities (or any part thereof) Provided that all fees so received shall form part of the Management Funds.
(j) Subject to the Land Grant, the law, this Deed (in particular Clause 8.4) and without prejudice to other rights and powers of the Manager, to carry out such works or other activities to o...
Control and operation and administration of Common Parts. (a) To have exclusive control over the Common Parts and to generally administer and manage the Common Parts.
(b) To operate the Common Parts in such manner as the Manager deems fit.
(c) To comply with and ensure compliance with all laws and provisions of the Land Grant which are applicable to the Common Parts or the Land as a whole.
(d) To regulate pedestrian traffic in the Common Parts.