1970-HKRS29-8-37_Part04 — Page 19

Recovery of contributions from owners.

Liability of occupier to pay contributions to funds.

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22, (1) The amount to be contributed by an owner towards the amount determined under section 21 shall be-

(a) fixed by the management committee in accordance with

the deed of mutual covenant; and

(b) payable at such times as the management committee

may determine.

(2) If there is no deed of mutual covenant, or if the deed of mutual covenant does not provide for the fixing of contributions, the amount to be contributed by an owner towards the amount determined under section 21 shall be fixed by the management committee in accordance with the respective shares of the owners.

(3) The amount payable by an owner under this section shall be a debt duc from him to the corporation at the time when it is payable.

(4) A certificate in writing signed by the chairman of the management commillee stating the amount to be contributed under this section by an owner and when it is payable shall be admissible in evidence in any proceedings as prima facie evidence of the facts stated therein without further proof.

23. (1) If any amount payable under section 22 by an owner who is not occupying a flat in the building concerned remains unpaid for a period of one month after it has become due to the corporation, the corporation may, without prejudice to any right of action against the owner, by notice in writing addressed to the occupier of the fat and served upon bim either personally or by registered post, demand such amount from the occupier, who shall, subject to subsection (2), thereupon be liable to pay the same to the corporation.

(2) Notwithstanding subsection (1), the liability of the occupier of a flat to pay an amount demanded from him under subsection (1) shall extend only to such amount of rent or other charge (exclusive of rates) as is due at the time of service on him of the demand, or falls due subsequently from him, in respect of his occupation of the flat.

(3) In any proceedings by a corporation to recover an amount payable under subsection (1), it shall be presumed, until the con- trary is proved, that the amount claimed does not exceed the amount of rent or other charge (exclusive of rates) due from the occupier at the time of commencement of such proceedings.

(4) If an occupier of a flat has paid an amount in accordance with this section-

(4) that amount may, subject to the terms on which he occupies the flat, be deducted by him from the rent or

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other charge due in respect of bis occupation of the flat; and

(b) any person, not being the owner, to whom such rent or other charge has been paid subject to such deduction, may in like manner as the occupier deduct such amount from the rent or other charge due from him in respect of the flat.

(5) Any deduction by an occupier or other person under subsection (4) shall operate as a discharge, to the extent of the amount so deducted, of his liability for the rent or other charge.

24. (1) Subject to the provisions of this section, the Distress for Rent Ordinance shall apply to an amount payable under section 22 or 23 as if the amount were rent payable to the cor- poration as landlord of the owner's flat.

(2) A corporation may name as the defendant in any distress under this section "the person in occupation of a flat, without specifying in the application or in the warrant the name of any person in occupation of the flat.

25. If an owner fails to pay any amount payable under section 22 within one mooth of the same becoming due and a registered mortgagee of the flat in respect of which the owner is in default has paid such amount on the owner's behalf, such payment shall be recoverable by the registered mortgagee from the owner as if the amount of such payment formed part of the principal sum due under the registered mortgage of the flat.

26. A management committee shall, on the application of an owner, a registered mortgagee, an occupier, such other person as is referred to in paragraph (b) of subsection (4) of section 23 or a person authorized in writing in that behalf by such owner, registered mortgagee, occupier or other person, certify-

(4) the amount payable in accordance with section 22 by

the owner:

(b) the extent to which such sum has been paid; and (c) the name of the person by whom and the person on

whose behalf such payment was made.

27. (1) A management committee shall maintain proper books of account and other records and shall prepare, not later than fifteen months after the date of registration of the corporation and thereafter at least once in every calendar year, an income and expenditure account and a balance sheet which shall both be signed by the chairman of the management committee and laid

Distress for contributions. Cap. 13

Registered mortgages may pay contribution

and recover same from the owner.

Management committed to certify matters relating to payment of contributions.

Accounts of corporation.