Section 130
Representation in proceedings
of Strata Management Ordinance, 2019
—
(1)
Notwithstanding any other written law—
(a)
in any proceedings by or against the joint management body, management corporation or subsidiary management corporation; or
(b)
in any other proceedings in which the joint management body, management corporation or subsidiary management corporation is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the joint management body, management corporation or subsidiary management corporation for that purpose may, on behalf of the joint management body, management
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corporation or subsidiary management corporation, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of the proceedings on behalf of the joint management body, management corporation or subsidiary management corporation.
(2)
Where all or some of the parcel owner or subsidiary proprietors of the parcels in a development—
(a)
are jointly entitled to take proceedings for or with respect to the common property in that development against any person or are liable to have such proceedings taken against them jointly, the proceedings may be taken by or against the joint management body or management corporation; or
(b)
are jointly entitled to take proceedings for or with respect to any limited common property in that development against any person or are liable to have such proceedings taken against them jointly, the proceedings may be taken by the subsidiary management corporation constituted for that limited common property, as if the joint management body, management corporation or subsidiary management corporation, as the case may be, were the parcel owners or subsidiary proprietors of the parcels concerned.
(3)
Any judgment or order given or made in favour of or against the joint management body, management corporation or subsidiary management corporation, as the case may be, in any proceedings referred to in subsection (2) shall have effect as if it were a judgment or an order given or made in favour of or against the parcel owners or subsidiary proprietors as the case may be.
(4)
Where a parcel owner or subsidiary proprietor is liable to make a contribution to another parcel owner or subsidiary proprietor as the case may be, in respect of a judgment debt arising under a judgment referred to in subsection (3), the amount of that contribution shall bear to the judgment debt—
(a)
in the case of a judgment or an order for or against a joint management body or management corporation, the same proportion as the allocated share units or share units of the
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parcel of the first-mentioned parcel owner or subsidiary proprietor bears to the aggregate share units; or
(b)
in the case of a judgment or an order for or against a subsidiary management corporation, the same proportion as calculated in accordance with section 56.