Section 69
Appointment of administrator for management corporation
of Strata Management Ordinance, 2019
—
Where a management corporation established under the Strata (Subsidiary Titles) Ordinance, 2019 [Cap. 75/2019], has failed or neglected to discharge the duties or functions imposed by this Ordinance on the management corporation, the Tribunal may, on the application of a subsidiary proprietor or any other person or body having a registered interest in a parcel, appoint an administrator for the management corporation for a fixed or
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indefinite period and on such terms and conditions as the court thinks fit.
(2)
The remuneration and expenses of the administrator shall be charged on the maintenance account of the management corporation.
(3)
The administrator shall, to the exclusion of the management corporation, have the power and perform the duties of the management corporation, or any other power or duties as the
Tribunal may direct.
(4)
An administrator when appointed shall forthwith file with the Commissioner an office copy of the order of Tribunal making his appointment.
(5)
The Tribunal may, on the application of the management corporation or any person or body entitled to apply under subsection (1), remove or replace the administrator.
(6)
Where an order of the Tribunal for removal or replacement of an administrator has been granted to any person, such person shall forthwith file a copy of such order with the
Commissioner.
(7)
On any application made under this section, the
Tribunal may make such order for the payment of costs as it thinks fit.
Recovery of sum as a debt due to management corporation or subsidiary management corporation 70.—
The payment of any amount incurred by the management corporation or the subsidiary management corporation in the course of the exercise of any of its powers or carrying out of its duties or obligations under this Ordinance shall by virtue of this section be guaranteed by the subsidiary proprietors for the time being constituting the management corporation or the subsidiary management corporation.
(2)
Each subsidiary proprietor shall be liable under such guarantee referred to in subsection (1) only for such proportion of the money so incurred as the share units of his parcel or the provisional share units of his provisional block bear to the aggregate share units.
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(3)
Where any subsidiary proprietor has not discharged or fully discharged his liability for the purpose of subsection (1), the management corporation or the subsidiary management corporation shall be entitled to recover from the subsidiary proprietor before the Tribunal or in a court of competent jurisdiction as a debt due to it.
(4)
Where for reasons of insufficiency of fund to meet the sum guaranteed under subsection (1), the management corporation or the subsidiary management corporation may at an annual general meeting or at an extraordinary general meeting determine the amount to be contributed by each subsidiary proprietor and decide any other issue or matter relating to the settlement of the said sum.
Procedure on recovery of sums due