Section 64
By-laws by the subsidiary management corporation
of Strata Management Ordinance, 2019
—
The by-laws of the management corporation shall apply to the limited common property managed and maintained by the subsidiary management corporation unless the by-laws have been otherwise expressly amended—
(a)
by the subsidiary management corporation pursuant to a special resolution passed at a general meeting of the subsidiary management corporation; and
(b)
in respect of any matter that related solely to that limited common property or subsidiary management corporation.
(2)
A subsidiary management corporation may, by special resolution, make by-laws, not inconsistent with the regulations made under section 137, relating to the limited common property designated for the exclusive benefit of all the parcels in the subsidiary management corporation.
(3)
The by-laws made under this section shall bind the subsidiary management corporation and the subsidiary proprietors of parcels constituting that subsidiary management corporation, and any chargee, lessee, tenant or occupier of such parcel to the same extent as if the by-laws—
(a)
had been signed or sealed by the subsidiary management corporation, and each such subsidiary proprietor and each such chargee, lessee, tenant or occupier, respectively; and
(b)
contained mutual covenants to observe, comply and perform all the provisions of these by-laws.
(4)
A copy of any by-laws made by the subsidiary management corporation under this section for the time being in force, certified as a true copy under the seal of the subsidiary
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management corporation, shall be filed by the subsidiary management corporation with the Commissioner within thirty days of the passing of the special resolution by the subsidiary management corporation approving the by-laws.
(5)
The subsidiary management corporation or any subsidiary proprietor of parcel constituting that subsidiary management corporation shall be entitled to apply to the Tribunal or a court of competent jurisdiction—
(a)
for an order to enforce the performance of, or restrain the breach of, any by-laws; or
(b)
to recover damages for any loss or injury to any person or property arising out of the breach of any by-laws from, any person bound to comply with the by-laws.