Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudiced, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the Estate, including in particular but without in any way limiting the generality of the foregoing :- (a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen; (b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory manner, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier; (c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments; (d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal; (e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions; (f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roof, roof, flat roofs (but excluding any roof or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate and the Common Areas; (g) to keep all the Common Facilities in good and working order and whenever it shall be necessary to renew or replace the same and enter into contracts with third parties for the maintenance of any such Common Facilities; (h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective; (i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate 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; (j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate which have been erected in contravention of the terms of the Government Grant and/or this Deed and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused; (k) subject to the rights of the Owner of the Government Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof; (l) to replace any glass in any broken windows or doors or walls of the Common Areas; (m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilities, switch room(s), intercom (if any), emergency generators and security systems (if any), cables and wiring, electrical and mechanical installations in the Lot and/or the Estate which are for the common use and benefit of the Lot and/or the Estate but not for the use and benefit of a particular Unit; (n) to maintain and keep in good repair and condition the lifts, the machine room(s) and meter room(s) in the Estate forming parts of the Common Areas or Common Facilities and to replace any part that requires replacement; (o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities; (p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department; (q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate at all times; (r) to maintain and operate or contract for the installation, maintenance and operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate provided that any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service; (s) to do all things necessary for the purposes of maintaining all facilities and services in or on the Lot and/or the Estate for good management and the better enjoyment or use of the Lot and the Estate by its Owners, occupiers and their licensees; (t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) of all legal proceedings relating to the Lot and/or the Estate its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise; (u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities; (v) subject to Clause (6:12) hereof, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate or the management thereof on behalf of all the Owners for the time being; (w) to take all steps necessary or expedient for complying with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate for which no Owner, tenant or occupier of the Lot and/or the Estate is solely responsible; (x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed; (y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned; (z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and to effect and update public, occupier’s and employer’s liability insurance or alternatively to procure block insurance for the Estate as a whole including those areas which are not the Common Areas and the Common Facilities against such loss or damage or risk and in such amount as the Manager shall reasonably consider appropriate, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate and to pay all premia required to keep such insurance policies in force. The parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice; (aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
Appears in 1 contract
Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedDeed, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the EstateDevelopment, including in particular but without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory manner, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate Development all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate Development for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate Development refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roof, roof, flat roofs (but excluding any roof or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate Development and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary to renew or replace the same and enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate Development in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective;
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate Development into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate Development 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate Development which have been erected in contravention of the terms of the Government Grant and/or this Deed and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner Owners of the Government Commercial Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule heretothis Deed, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilitiesroom(s), switch room(s), intercom (if any), emergency generators generator and security systems (if any), cables and wiring, electrical and mechanical installations wiring in the Lot and/or the Estate Development which are for the common use and benefit of the Lot and/or the Estate Development but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, the machine room(s) and meter room(s) in the Estate Development forming parts of the Common Areas or Common Facilities and to replace any part that requires replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate Development or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities;
(p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate Development at all times;
(r) to maintain and operate or contract for the installation, maintenance and operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate Development provided that any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things necessary for the purposes of maintaining all facilities and services in or on the Lot and/or the Estate Development for good management and the better enjoyment or use of the Lot and the Estate Development by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) Development of all legal proceedings relating to the Lot and/or the Estate Development its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate Development as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities;
(v) subject to Clause (6:12) hereof, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate Development or the management thereof on behalf of all the Owners for the time being;
(w) to take all steps necessary or expedient for complying with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate Development for which no Owner, tenant or occupier of the Lot and/or the Estate Development is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed;
(y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;
(z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and to effect and update public, occupier’s and employer’s liability insurance or alternatively to procure block insurance for the Estate Development as a whole including those areas which are not the Common Areas and the Common Facilities against such loss or damage or risk and in such amount as the Manager shall reasonably consider appropriate, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate Development and to pay all premia required to keep such insurance policies in force. The Subject to any direction given by the Owners’ Corporation, the parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice;
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
Appears in 1 contract
Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedDeed, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the EstateDevelopment, including in particular but without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory manner, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate Development all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate Development for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate Development refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roof, roof, flat roofs (but excluding any roof or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate Development and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary to renew or replace the same and subject to Clause (3:02:02) enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate Development in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective;
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate Development into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate Development 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate Development which have been erected in contravention of the terms of the Government Grant and/or this Deed and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner of the Government Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilitiesroom(s), switch room(s), intercom (if any), emergency generators generator and security systems (if any), cables and wiring, electrical and mechanical installations wiring in the Lot and/or the Estate Development which are for the common use and benefit of the Lot and/or the Estate Development but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, the machine room(s) and meter room(s) in the Estate Development forming parts of the Common Areas or Common Facilities and to replace any part that requires replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate Development or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities;
(p) to maintain fire prevention and fire fighting services installation or equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate Development at all times;
(r) to maintain and operate or contract for the installation, maintenance and operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate Development provided that any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things necessary for the purposes of maintaining all facilities and services in or on the Lot and/or the Estate Development for good management and the better enjoyment or use of the Lot and the Estate Development by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) Development of all legal proceedings relating to the Lot and/or the Estate Development its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate Development as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities;
(v) subject to Clause (6:12) hereof, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate Development or the management thereof on behalf of all the Owners for the time being;
(w) to take all steps necessary or expedient and carry out all works and do all things necessary for the enforcement of or for complying with the Government Grant and any statutory or Governmental requirements and any obligations (contractual or otherwise) concerning or relating to the Lot and/or the Estate Development for which no Owner, tenant or occupier of the Lot and/or the Estate Development is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed;
(y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;
(z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and to effect and update public, occupier’s and employer’s liability insurance or alternatively to procure block insurance for the Estate Development as a whole including those areas which are not the Common Areas and the Common Facilities against such loss or damage or risk and in such amount as the Manager shall reasonably consider appropriate, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate Development and to pay all premia required to keep such insurance policies in force. The Subject to any direction given by the Owners’ Corporation, the parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice;
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
Appears in 1 contract
Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedDeed, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the EstateBuilding, including in particular but without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there shall be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory manner, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate Building all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate Building for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate Building refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after forthwith upon being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and and/or impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roof, roof, roof (other than the flat roofs (but excluding any roof or flat roofs forming part of the Unitsroofs), refuge floorareas, parapet walls, the fabric of the Estate Building and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary or convenient so to do at the Manager’s discretion to renew or replace the same and enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate Building in good clean and sanitary repair and condition and to renew or replace any parts that may become damaged or defective;
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate Building into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no avoid any damage is being done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate Building 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate Building which have been erected in contravention of the terms of the Government Grant and/or this Deed and/or without the written permission of the Manager pursuant to this Deed (or if such permission has been given, upon the expiration or withdrawal of the same) and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner of the Government Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilitiesroom(s), switch room(s), intercom (if any), emergency generators generator and security systems (if any), cables and wiring, electrical and mechanical installations wiring in the Lot and/or the Estate Building which are for the common use and benefit of the Lot and/or the Estate Building but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, the lift machine room(s) and meter room(s) in the Estate forming parts of the Common Areas or Common Facilities Building and to replace any part that requires may require replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate Building or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilitiesthereof;
(p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable absolute discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate Building at all times;
(r) to install, maintain and operate or contract for the installation, maintenance and maintenance, operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate Building provided that any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving all facilities and services in or on the Lot and/or the Estate Building for good management and the better enjoyment or use of the Lot and the Estate Building by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate Building necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) Building of all legal proceedings relating to the Lot and/or the Estate Building its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate Building as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilitiesfacilities;
(v) subject to Clause (6:12) hereofof this Deed, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate Building or the management thereof on behalf of all the Owners for the time being;
(w) to take all steps necessary or expedient for complying with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate Building for which no Owner, tenant or occupier of the Lot and/or the Estate Building is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this DeedDeed (excluding Government Rent and rates);
(y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;
(z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and perils, to effect and update public, occupier’s and employer’s liability insurance or alternatively insurance, and also (unless otherwise directed by the Corporation) to procure (but not obliged to do so) block insurance for the Estate Building as a whole or parts thereof including those areas which are not the Common Areas and the Common Facilities against such loss or damage or in such risk and in such amount as shall be determined by the Manager shall reasonably consider appropriateManager, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate Building and to pay all premia required to keep such insurance policies in force. The parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice;
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
Appears in 1 contract
Powers and Duties of the Manager. Authority and duties of the Manager
(3:02:01a) Save and except Subject as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedDeed, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the Estate, including in particular but without Land and the Development and anything reasonably incidental thereto.
(b) Without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory mannerforegoing, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance following powers and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paintduties, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roof, roof, flat roofs (but excluding any roof or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary to renew or replace the same and enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective;namely:-
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate which have been erected in contravention of the terms of the Government Grant and/or this Deed and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner of the Government Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilities, switch room(s), intercom (if any), emergency generators and security systems (if any), cables and wiring, electrical and mechanical installations in the Lot and/or the Estate which are for the common use and benefit of the Lot and/or the Estate but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, the machine room(s) and meter room(s) in the Estate forming parts of the Common Areas or Common Facilities and to replace any part that requires replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities;
(p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate at all times;
(r) to maintain and operate or contract for the installation, maintenance and operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate provided that any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things necessary for the purposes of maintaining all facilities and services in or on the Lot and/or the Estate for good management and the better enjoyment or use of the Lot and the Estate by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) of all legal proceedings relating to the Lot and/or the Estate its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities;
(v) subject to Clause (6:12) hereof, to To enter into contracts and to engage, employ, remunerate employ and dismiss solicitors, architects and other professional advisers and architects, accountants, consultants, caretakers, contractors, workmen, servants, agents (including professional property management company)security guards, watchmen, caretakerscleaners, technical attendants, gardeners and administrative such other staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate or the management thereof on behalf of all the Owners professional advisers as may be required for the time being;proper management of the Development.
(wii) to take all steps necessary or expedient for complying To demand and receive from each Owner in accordance with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate for which no Owner, tenant or occupier of the Lot and/or the Estate is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed;
(y) to enforce the due observance and performance by the Owners of the terms and conditions Section J of this Deed the Management Charges which shall without prejudice to any other remedy available hereunder be recoverable by the Manager by civil action and those the defaulting Owner shall not be entitled to dispute the right of the Manager aforesaid to sue and recover unpaid Management Charges.
(iii) To pay the Government Grant and to take action rent in respect of any breach thereof including the commencement conduct and defence Development on the Owners’ behalf prior to separate assessment being made in respect of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;Units by the Government.
(ziv) unless Unless otherwise directed by the Owners’ Corporation, to effect keep the Development insured:-
(01) in the full new reinstatement value thereof against loss or damage of or to the buildings and update insurance other structures comprised within the Common Areas and Common Facilities by the Insured Risks;
(02) against third party and occupiers’ liability;
(03) against employers’ liability in respect of the Common Areas staff and the Common Facilities up to their full new reinstatement value Manager’s employees engaged in the management of the Development; and
(04) against loss or damage by fire and water and such other risks or perils and to effect and update public, occupier’s and employer’s liability insurance or alternatively to procure block insurance for the Estate as a whole including those areas which are not the Common Areas and the Common Facilities against such loss or damage or risk and in such amount as the Manager shall reasonably consider appropriate, such deems appropriate with a reputable insurance to be company or companies in the name of the Manager for and on behalf of itself as manager and the Owners for the time being according to their respective interests and, in respect of (02) and (03) above, with such limit or limits of indemnity as the Lot Manager shall deem fit and to take out and update the Estate requisite policies and to pay all premia premiums required to keep such insurance policies in force. The parts .
(v) To make suitable arrangements for the supply of fresh and flushing water and electricity and any other utilities or services to or for the Development but the Manager shall be under no liability if at any time such supply is suspended temporarily.
(vi) To repair, maintain, clean, paint or otherwise treat or decorate as appropriate, the structure and fabric of any buildings and other structures erected on or in the Development and the external elevations thereof and shall make good any damage caused thereby, and to replace any glass that may be broken in any doors or windows of the Common Areas, the responsibility for doing any of which is not, under the terms of this Deed, allocated to any Owner and to carry out any works to the Development which the Manager consider necessary for the enhancement, improvement or renovation of the Development.
(vii) To keep the Common Areas in a clean and sanitary state and condition.
(viii) To arrange for the cleaning and lighting and ventilation of the Common Areas.
(ix) To maintain and keep in good working order the Common Facilities and to replace or renew any parts that may need replacement or renewal.
(x) To maintain the fire protection and fire fighting systems, sprinkler systems, equipment and apparatus upon the Development and to comply with all requirements of the Fire Services Department and generally so far as may be possible at all times to maintain the Development safe from fire.
(xi) To provide such security guards, watchmen and caretakers and to provide and maintain such security systems, equipment and apparatus as the Manager deem necessary and generally so far as may be possible at all times to maintain security on and in the Development and the Common FacilitiesLand.
(xii) To manage, control and supervise the use of the Club House, to insure against liability to persons using the same and to enforce the Club Rules regarding the Persons using the same, the risks hours of use, fees for use and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice;
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;other matters relating thereto.
Appears in 1 contract
Sources: Deed of Mutual Covenant
Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedDeed, the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the EstateDevelopment, including in particular but without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner so as not to cause any damage or nuisance to other Units or the Common Areas or Common Facilities and if there be any default on the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting Owner or occupier Provided That PROVIDED THAT if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities because of his failing to maintain the Unit owned or occupied by him in a satisfactory manner, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate Development all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate Development for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate Development refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, the External Walls forming parts of the Common Areas, top roofroofs, roofroofs, flat roofs (but excluding any roof gardens or roofs or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate Development and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary to renew or replace the same and subject to Clause (3:02:02) enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate Development in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective;
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate Development into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate Development 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate Development which have been erected in contravention of the terms of the Government Grant and/or this Deed and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner of the Government Accommodation provided under ▇▇▇▇▇▇ (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilitiesroom(s), switch room(s), intercom (if any), emergency generators generator and security systems (if any), cables and wiring, electrical and mechanical installations wiring in the Lot and/or the Estate Development which are for the common use and benefit of the Lot and/or the Estate Development but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, the machine room(s) and meter room(s) in the Estate Development forming parts of the Common Areas or Common Facilities and to replace any part that requires replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate Development or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities;
(p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate Development at all times;
(r) to maintain and operate or contract for the installation, maintenance and operation and/or use of aerial broadcast distribution or telecommunication telecommunications network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate provided that Development PROVIDED THAT any contract for the installation or use of or the provision of the aforesaid facilities or services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things necessary for the purposes of maintaining all facilities and services in or on the Lot and/or the Estate for good management and the better enjoyment or use of the Lot and the Estate by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. as the Owner of the Government Accommodation) of all legal proceedings relating to the Lot and/or the Estate its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 days of being requested so to do by the competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities;
(v) subject to Clause (6:12) hereof, to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate or the management thereof on behalf of all the Owners for the time being;
(w) to take all steps necessary or expedient for complying with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate for which no Owner, tenant or occupier of the Lot and/or the Estate is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed;
(y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;
(z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and to effect and update public, occupier’s and employer’s liability insurance or alternatively to procure block insurance for the Estate as a whole including those areas which are not the Common Areas and the Common Facilities against such loss or damage or risk and in such amount as the Manager shall reasonably consider appropriate, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate and to pay all premia required to keep such insurance policies in force. The parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager in accordance with good management practice;
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
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Powers and Duties of the Manager. (3:02:01) Save and except as otherwise expressly provided in this Deed and subject to the rights and privileges provisions of F.S.I. and provided that the rights easements and privileges reserved to F.S.I. in this Deed and the Government Grant shall not in any way be adversely affected or prejudicedBuilding Management Ordinance (Cap.344), the Manager shall be responsible for and shall have full authority to do all such acts and things as may be necessary or requisite for and in connection with the proper and efficient management of the EstateDevelopment, including in particular but without in any way limiting the generality of the foregoing :-
(a) to maintain in good, clean and safe condition the Common Areas and the Common Facilities and for this purpose to employ reputable and competent contractors and workmen;
(b) to take reasonable steps to ensure that all Owners or occupiers of the Units maintain the Unit(s) owned or occupied by them in a satisfactory manner and in good repair and condition so as not to cause any damage or nuisance to the other Units or the Common Areas or Common Facilities and if there be any default on or the part of any such Owners or occupiers, to put in hand any necessary maintenance and to take all necessary steps to recover the cost thereof from the defaulting other Owner or occupier occupiers of the Development Provided That if the defaulting Owner or occupier causes damage or nuisance to other Units or the Common Areas or Common Facilities or the other Owner or occupiers of the Development because of his failing to maintain the Unit owned or occupied by him in a satisfactory mannermanner and in good repair and condition, the Manager shall have the right but shall not be obliged to put in hand such necessary maintenance in case of emergency and to take such necessary steps to recover the cost thereof from the defaulting Owner or occupier;
(c) to paint, white-wash, tile or otherwise treat as may be appropriate the exterior of the Estate Development all structures erected on the Common Areas or forming part of the Common Facilities at such intervals as the same may reasonably be required to be done and in the event if so required by any Government departments;
(d) to prevent any decaying, noisome, noxious, excrementitious or other refuse matter from being deposited on the Common Areas or any part thereof and to specify locations in the Estate Development for disposal of refuse or garbage by Owners and occupiers of the Units and to collect and remove all such refuse and garbage from such specified locations and also to arrange for disposal of refuse and garbage from the Common Areas and Common Facilities at such regular intervals and to maintain on the Estate Development refuse collection facilities PROVIDED THAT in the case of refuse the nature or quality or quantity of which shall in the reasonable opinion of the Manager require special arrangement or facility for its disposal beyond the normal refuse collection facilities employed by the Manager, the Owner responsible for such refuse shall arrange for its disposal at his own expenses as soon as practicable after forthwith upon being so demanded by the Manager, failing which the Manager shall have the sole discretion to remove and dispose of such refuse as aforesaid and such Owner shall repay to the Manager the costs and expenses in connection with such removal and disposal;
(e) to prevent the obstruction of all the Common Areas and subject to reasonable prior written notice being given to the Owner or occupier concerned (except in case of emergency) to remove and impound at the cost and expense of the defaulting Owner or occupier any article or thing causing the obstruction and to demolish illegal structures and/or extensions;
(f) to repair and keep in good repair and condition the main building structure, parts of the External Walls forming parts of the Common Areas, top roof, roof, flat roofs (but excluding any roof or flat roofs forming part of the Units), refuge floor, parapet walls, the fabric of the Estate Development and the Common Areas;
(g) to keep all the Common Facilities in good and working order and whenever it shall be necessary so to do at the Manager’s discretion to renew or replace the same and subject to Clause (3:02:02) enter into contracts with third parties for the maintenance of any such Common Facilities;
(h) to keep such of the lavatories, drains and sewers as are in common use and not for the use of any particular Unit in the Estate Development in good clean and sanitary repair and condition and to renew or replace any parts that become damaged or defective;
(i) to prevent as far as is possible any refuse or other matter being deposited, washed, eroded or falling from the Lot and/or the Estate Development into any part of any road, culverts, sewers, drains, nullahs or Government property and to remove any such matter therefrom and to ensure that no damage is done to any drains, footpaths, sewers, nullahs, pipes, cables, wires, utility services or other works being in under over or adjacent to the Lot and/or the Estate Development 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;
(j) subject to the rights of F.S.I. as the Owner of the Government Accommodation as provided in the Government Grant and this Deed, to remove any structure, installation, advertisement, signboard or other things on the Lot and/or the Estate Development which have been erected in contravention of the terms of the Government Grant and/or this Deed and/or without the written permission of the Manager pursuant to this Deed (or if such permission has been given, upon the expiration or withdrawal of the same) and to demand and recover from the person by whom such structure or other thing as aforesaid was erected or installed the cost of such removal and the making good of any damage thereby caused;
(k) subject to the rights of the Owner Owners of the Government Commercial Accommodation provided under ▇▇▇▇▇▇ Clauses (1)(i) and (4) of the Third Schedule hereto, to prevent the Owners from making or suffering to be made any external or structural alterations to any Units or any part thereof of which they are entitled to the exclusive possession or to any external feature of the Units unless such alterations are permitted by the terms hereof;
(l) to replace any glass in any broken windows or doors or walls of the Common Areas;
(m) to maintain and keep in good repair and condition all water pumps, tanks, pipes, ducts, sewers, drains, transformer room facilitiesroom(s), switch room(s), intercom (if any), emergency generators generator and security systems (if any), cables and wiring, electrical and mechanical installations wiring in the Lot and/or the Estate Development which are for the common use and benefit of the Lot and/or the Estate Development but not for the use and benefit of a particular Unit;
(n) to maintain and keep in good repair and condition the lifts, car lifts, escalators, the machine room(s) and meter room(s) in the Estate forming Development that form parts of the Common Areas or Common Facilities and to replace any part that requires replacement;
(o) to prevent any persons from detrimentally altering or injuring the Lot and/or the Estate Development or any part thereof or any of the equipment apparatus services or facilities thereof forming parts of the Common Facilities;
(p) to maintain fire prevention and fire fighting equipment and to comply with all requirements of the Fire Services Department;
(q) to provide watchmen, porters and such other staff as determined by the Manager at its reasonable absolute discretion and to provide and maintain the burglar alarm and security system(s) (if any) and such other security installation and, so far as may be possible, to provide and maintain good security in the Lot and Estate Development at all times;
(r) to install, maintain and operate or contract for the installation, maintenance and maintenance, operation and/or use of aerial broadcast distribution or telecommunication network facilities (including but not limited to satellite dishes and/or cables (if any), the wireless and/or television aerials) and other transmission devices and equipment which serve the Estate provided that Development Provided That any contract for the installation or use of or the aforesaid facilities and any contract for the provision of the aforesaid facilities broadcast distribution network or telecommunications network services to be entered into by the Manager shall be subject to the conditions that (i) the term of such contract will not exceed 3 years; (ii) the right to be granted under such contract must be non-exclusive and must provide for sharing the use of the facilities and network with other service providers; and (iii) no Owner is required to make any payment in any form attributable to the installation or provision of the facilities or services, unless he is a subscriber to the relevant service;
(s) to do all things which the Manager shall in its discretion deem necessary or desirable for the purposes of maintaining and improving all common facilities and services in or on the Lot and/or the Estate Development for good management and the better enjoyment or use of the Lot and the Estate Development by its Owners, occupiers and their licensees;
(t) to appoint a solicitor or other appropriate legal counsel to advise upon any point which arises in connection with the management of the Lot and/or the Estate Development necessitating professional legal advice and with authority to accept service on behalf of all the Owners for the time being of the Lot and the Estate (other than F.S.I. Development as the Owner of the Government Accommodation) a whole, or of all legal proceedings relating to the Lot and/or the Estate Development its services apparatus and equipment (but not proceedings relating to the rights or obligations of individual Owners) 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 competent Government officer, to appoint a solicitor who shall undertake to accept service on behalf of all such Owners whether for the purposes of Order 10 Rule l of the Rules of High Court (or any provision amending or in substitution for the same) or otherwise;
(u) to represent all the Owners (other than F.S.I. and Government Property Administrator) in all matters and dealings with the Government or any statutory body or any utility company or any competent authority or any other person whomsoever in any way touching or concerning the Lot and the Estate Development as a whole, or its equipment apparatus services or facilities forming parts of the Common Facilities;
(v) subject to Clause (6:12) hereof, hereof to enter into contracts and to engage, employ, remunerate and dismiss solicitors, architects and other professional advisers and consultants, contractors, workmen, servants, agents (including professional property management company), watchmen, caretakers, technical and administrative staff and other building staff and attendants and to commence, conduct, carry on and defend in its own name legal and other proceedings touching or concerning the Lot and the Estate Development or the management thereof on behalf of all the Owners for the time being;
(w) to take all steps necessary or expedient for complying with the Government Grant and any statutory or Governmental requirements concerning or relating to the Lot and/or the Estate Development for which no Owner, tenant or occupier of the Lot and/or the Estate Development is solely responsible;
(x) to demand collect and give receipts for all amounts payable by the Owners under the provisions of this Deed;
(y) to enforce the due observance and performance by the Owners of the terms and conditions of this Deed and those of the Government Grant and to take action in respect of any breach thereof including the commencement conduct and defence of any legal proceedings and the registration and enforcement of charges as hereinafter mentioned;
(z) unless otherwise directed by the Owners’ Corporation, to effect and update insurance in respect of the Common Areas and the Common Facilities up to their full new reinstatement value against loss or damage by fire and water and such other risks or perils and perils, to effect and update public, occupier’s and employer’s liability insurance or alternatively and to procure (but not obliged to do so) block insurance for the Estate Development as a whole or parts thereof including those areas which are not the Common Areas and the Common Facilities against such loss or damage or in such risk and in such amount as shall be determined by the Manager shall reasonably consider appropriateat his sole discretion, such insurance to be in the name of the Manager for and on behalf of itself as manager and the Owners according to their respective interests in the Lot and the Estate Development and to pay all premia required to keep such insurance policies in force. The Subject to any direction given by the Corporation, the parts of the Common Areas and the Common Facilities, the risks and perils and the liability to be insured and the amount of insurance cover shall be reasonably determined by the Manager at his sole discretion in accordance with good management practicepractice and the Building Management Ordinance (Cap.344);
(aa) to keep proper accounts of all expenditure incurred by and of all payments made to the Manager in respect of carrying out its duties hereunder as herein provided;
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