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In the most recent Court of Appeal decision of Chow Chui Chui & others (including the Incorporated Owners of Ka Wing Building) vs Kafull International Limited & others (CACV 33 & 34 of 2015)(the CA Decision), the Hong Kong Court of Appeal confirmed that owners of subdivided units in a multi-storey building are owners under the Building Management Ordinance and shall be counted when determining the quorum and vote at incorporated owners’ meetings.

This is an important ruling as it clarifies a previously unclear point of law decided by the Lands Tribunal in relation to the status of owners of such units. Our alert will discuss the CA Decision and its implications.

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