我住的自置屋苑,被隔鄰的居苑收取共用通道費,因隔鄰屋苑有一份1999年由發展商訂立的公契,但這通道我們屋苑是可以使用行人及車輛,但要繳交管理保養及维修費用,現在每月繳交25000之通道費用,合法嗎？
2020-09-23 5:04 pm
今年７月和8月有幾伙無交費,隔鄰業主立案法團入稟小额錢債法庭控告我們屋苑24個業主欠款.請問隔鄰的公契是否有效,因1999年我們的屋苑還是一塊地,在我們不知情下,由發展商及隔鄰法團簽訂的公契我們這還要遵守公契內的條例嗎？
回答 (1)
2020-09-23 6:08 pm
你有公契當然合法，但是否合理，你要懂得分辨
2020-09-24 2:22 am
You raised several issues which are complicated in nature. I will try to explain more as follow:
1. Whether the management fee is reasonable depends on many factors. Based on the current situation, for a shared road between 2 estates, each side should be responsible proportionally.
Also because management fee is usually assessed based on the size, as well as its intended usage (for example, the management fee for the residential area is usually higher than parking area for square feet), so the fee should be also assessed based on that as well.
That's why it is impossible to tell $25,000/month is a reasonable amount. At the minimum, who has to pay $25,000? Each owner, or the entire estate as a whole? Also, how much another side is paying as well? And how many people end up sharing?
Note - for accounting purpose, the shared road should have its own account, it should not be mixed with the other estate's management account.
2. Whether the other side's Home Owners' Corporation (HOC) has a case against the owners of your side depends on whether your side has a HOC as well. In short - this kind of issue should be dealt by the management company and HOC. It should never be handled by individual owners.
The other side's HOC may lose this case on technicality (They should not sue individual owners). But it does not mean they are wrong.
3. The Government Lease is assumed legal. The developer may bear some responsibilities due to failure to notice. However, the situation you are facing is quite common - shared facilities.
In short - if your side of the Lease does mention this shared road, you will have to pay. The rest depends on the circumstance.
1. Whether the management fee is reasonable depends on many factors. Based on the current situation, for a shared road between 2 estates, each side should be responsible proportionally.
Also because management fee is usually assessed based on the size, as well as its intended usage (for example, the management fee for the residential area is usually higher than parking area for square feet), so the fee should be also assessed based on that as well.
That's why it is impossible to tell $25,000/month is a reasonable amount. At the minimum, who has to pay $25,000? Each owner, or the entire estate as a whole? Also, how much another side is paying as well? And how many people end up sharing?
Note - for accounting purpose, the shared road should have its own account, it should not be mixed with the other estate's management account.
2. Whether the other side's Home Owners' Corporation (HOC) has a case against the owners of your side depends on whether your side has a HOC as well. In short - this kind of issue should be dealt by the management company and HOC. It should never be handled by individual owners.
The other side's HOC may lose this case on technicality (They should not sue individual owners). But it does not mean they are wrong.
3. The Government Lease is assumed legal. The developer may bear some responsibilities due to failure to notice. However, the situation you are facing is quite common - shared facilities.
In short - if your side of the Lease does mention this shared road, you will have to pay. The rest depends on the circumstance.
收錄日期: 2021-04-11 23:17:07
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