District 18 News
Written by: District Licheng
2020-12-09 22:13
Last update date: 2020-12-09 22:14
The second phase of the Superluck Industrial Center caused dissatisfaction with the owners due to the unfinished maintenance of the second phase. While the corporation was looking for a new contractor, it also suspected that the new contractor, Poly Engineering Co., Ltd., with a default asking price of 18 million yuan, caused a lot of controversy.
Small owners collected more than 5% of the owners’ signatures earlier, and successfully held a special meeting of owners last Friday (4th) to oppose the hiring of Lipoly, and request an authorized person to survey the completed projects and confirm the unfinished projects before re-tendering .
However, the chairman of the Owners’ Corporation did not read out the agenda after entering the venue, which meant that he had received a complaint the night before the meeting that a business owner had taken a proxy document and tried to interfere with the voting results. The corporation has reported the case and decided to postpone the meeting for two weeks. Aroused the uproar of the owners present.
The owners erected wooden boards outside the door of the venue where the owners' meeting was held, and posted notices to counter the corporation.
(Photo by Hong Kong 01 reporter)
The Owners' Corporation of Phase II of the Superluck Industrial Centre issued an emergency notice to the owners one day before the special meeting of owners, stating that it had received complaints from owners stating that three building owners had filmed the proxy documents returned by other owners at the management office. The accusation three people used the collected information to call and harass the business owners late at night and questioned their voting intentions with the intention of affecting the voting results.
The corporation considered the situation to be serious, so it has reported theft to the police.
One of the owners, Mr. Cheng, who was criticized by name, retorted that he and the other two owners were exercising the right to scrutinize the votes. After learning of the allegations, he immediately went to the Tsuen Wan Police Station to inquire in the early morning. The police answered the three owners, "Just assault. So, nothing happened."
More than 20% of owners attended the conference and set a record high
The number of participants in the conference was the highest in the history of the building. There were 58 owners and authorized votes, accounting for 20.8% of the total number of owners.
However, Treasurer Tang Wing Fat and the committee members just entered the venue and announced that the OC believed that it could not ensure that the voting would be held in a fair manner, so the meeting was postponed for two weeks.
He continued that he received a complaint from a business owner during the morning tea, pointing out the above problem, "Because the owner knows me, since he can tell a fact, it is true." The complainant refused to reveal his identity. Many owners of authorized corporations also want to keep a low profile. "Because there are too many disputes about major maintenance, many owners are unwilling to disclose their true intentions." Tang Wing-fat asked, if any owners change their position because of (nuisance), and Is it fair?
The chairman of the corporation, Zhang Yanxiang, believed that the fairness of the voting could not be ensured and announced that the voting was postponed for two weeks, which caused dissatisfaction among the owners.
(Photo by Hong Kong 01 reporter)
The chairman of the corporation, Zhang Yanxiang, added, "Because the ballot box was opened, the result of the vote was questioned. It is not fair." So in desperation, all authorized votes were abolished and the meeting was postponed for two weeks.
Some owners asked government representatives to speak, reminding corporations that they have the responsibility to convene a meeting on 5% of owners’ motions. The Home Affairs Department’s liaison officer said, “It’s rare for many owners to attend. Of course, the department recommends that the chairman complete the meeting and vote. He continued that if any owners have any doubts about the power of attorney or the resolutions of the meeting, they can be filed with the Lands Tribunal after the meeting for handling. The most ideal way now is to complete the meeting.
The corporation posted a notice in the elevator, calling on the owners to support the corporation's decision.
(Photo by Hong Kong 01 reporter)
Owner's representative lawyer: postponing the meeting unreasonably suspects that the corporation has another plan
The owner’s lawyer stated that in the matter of the power of attorney, "we did not see any problems," and there was no evidence to prove that someone had interfered with the voting process. This was purely a unilateral guess by the corporation. Therefore, the meeting did not have any basis to postpone it.
"It made other owners speculate that today’s meeting was postponed again for very unreasonable reasons." "The only reasonable guess is that the chairman didn’t want to hold this meeting, because it was discovered after receiving the authorization letter. One of the motions will be passed, and it is not the chairman’s will, so I tried every means to postpone the meeting. If you have any real evidence that an owner has been harassed and affects the results of today’s resolution, you can challenge today’s results through legal procedures, but If there is no real evidence, you have no reason to postpone today's meeting."
The owner Mr. Jiang questioned whether there was a connection between someone taking pictures at the site of collecting the authorization tickets and someone reporting to him that he was harassed during the morning tea the next day, and why it could be used as a justification for postponing the meeting.
Some committee members couldn't hold back their anger, and retorted "Hong Kong's home is getting hot! You can be a thief!" The owner on the scene also immediately retorted, "Why, are you a thief?"
The owner waited outside the door to enter the conference venue, but one hour after the meeting, the chairman announced the meeting amidst a quarrel.
(Photo by Hong Kong 01 reporter)
The owner, Mr. Cheng, also pointed out, "I think there is a problem first. Let me talk about it first. The owner of my class has to do nothing. What should I do if I need to set up a shed? What should I do? Because everyone has seen it. It’s unreasonable.” Some landlords have even reported to him, “Why don’t you just demolish a shed? No eye feces and clean blinds. But a few of my units are leaking water. Why do you do it?” He continued. It refers to the fact that the owners continue to fight because they have seen unfair and opaque things happen, "I am not killing your family, and you are not killing my whole family. Why should everyone fight to do something? Something happened." Mr. Cheng believes that voting is the most fair way of handling.
One hour after the meeting, the chairman announced that the meeting was adjourned amidst the quarrel. The owners yelled "Vote! Vote! Vote!" At this time, Saigon District Councillor Fang Guoshan appeared and criticized the committee members for "If there is a conflict of interest, it is not easy to come out." "Sound", "The other party will hold you accountable for all costs", but the committee members remained indifferent and collectively cheered away.
The owners can only continue this protracted battle after two weeks.
When the chairman announced the adjournment of the meeting, Sai Kung District Councillor Fang Guoshan (right) came to the scene and criticized the corporation for a conflict of interest in major maintenance.
(Photo by Hong Kong 01 reporter)
Major maintenance has not been resolved for two years
Superluck Industrial Centre Phase II awarded a major maintenance contract worth about 37 million to Heng Yu Construction Co., Ltd. in December 2018. The construction date was 270 working days. Unexpectedly, it was the beginning of a nightmare.
After Hengyu was liquidated in January 2020, the small owners complained that the corporation did not pursue the 10% performance bond of the contractor, and used about 3.5 million building funds to find the contractors for workers and suppliers, which was confusing; until 2 In the middle of the month, all nine members of the Standing Committee of the Owners’ Corporation rejected the re-tender, and at the same time decided to continue to appoint the "Chen Yongmei Consulting Company" to invite several contractors to bid for the remaining maintenance works.
At the general meeting of owners on March 16, the corporation and consulting company had decided in advance to hire Lipoly Engineering Co., Ltd. as the new contractor, instead of following the usual tendering procedures to allow bidders to compete on price, and Lipoly also expressed willingness The entire project was completed with the project balance signed by the corporation and Hengyu (about 18.71 million yuan). Afterwards, the bid invitation proposal was passed by the owners with 50.8%; more than 5% of the owners criticized the corporation’s handling methods for problems, although the corporation And the consultant company invited several contractors for the owners to choose, but at the same time strongly recommended one contractor.
It is a pity that all the rice has been cooked, and the owners who opposed the decision had to sign on the spot, dismissing the corporation and the Chen Yongmei consulting company with 5% ownership.
As of the general meeting of owners on April 28, the owners approved the dismissal of Chen Yongmei Consultants, and in response to the motion to dismiss the members of the corporation, the lawyer employed by the corporation pointed out that since the corporation is not "employed", the owners need to re-enter the letter "removal/dissolution" "Incorporated member.
The major repairs of Phase II of Superluck Industrial Centre have been disturbing for nearly a year, and fierce offensive and defensive battles broke out between the owners and the corporation.
(Data Picture/Photo by Lu Nuojun)
Suspected conspiracy to price District Councillors and police intervention
A group of small owners also joined the Sai Kung District Councillor Fang Guoshan on May 25 to complain to the Hong Kong Competition Commission for allegedly secretly soliciting bids.
Fang Guoshan said, "Some owners even think this is a bundling type, forcing them to choose from the contractor provided by the corporation and the consulting company, and there is a suspicion of colluding with the price. It is impossible for you to provide the meals you have selected A, B, and C. For others, treat others as having a choice."
Lipoly guarantees that after winning the bid, the repairs will be completed within the budget, but this statement is not proved by any fairness or information provided by the surveyor, and it is suspected of being free to speak the vernacular.
All kinds of behaviors make a small group of small owners feel unreasonable, and they question the vote just to create an illusion of fairness.
On May 27, about 50 owners gathered outside the management office, holding up banners and slogans to petition to observe the corporation meeting to no avail. During this period, it was suspected that someone was pushed down by the corporation members. At one time, riot police officers came to understand the incident.
The corporation decided to hold another meeting two days later, on May 29, and agreed to the three owners to attend the meeting. During the meeting, the corporation agreed to arrange the owners to listen to the 23 candidate consulting companies, and the "removal/dissolution" law The corporate secretary again rejected the motion of the committee members with a question of wording.
Small proprietors fight back and file for land trial to urge a meeting
The small owners then launched a Jedi counterattack. In early July, they submitted a 5% owner’s authorization to the corporation to "oppose the hiring of Poly Engineering Co., Ltd. and re-elect a new contractor." Unexpectedly, the corporation will establish Poly "Overlord" a month later. "Hard on the bow", carried out two emergency maintenance items, including the project of the parking lot ceiling and concrete and the leakage of the roof water tank into the elevator machine room.
However, the owner immediately submitted another 5% owner’s authorization requesting the “removal and dissolution of the incumbent corporation” upon discovery; however, the corporation and Lipoly carried out a number of non-emergency repairs after the emergency repairs were completed, such as repainting three On the stairs behind the building, some owners criticized the project for “it is neither urgent nor announced, there is no tender, and no quotation.” They think there is something wrong with it.
On October 24, the corporation once again met with the seven shortlisted consulting companies, but the committee members told the other party that there was no need to issue a new trademark contract.
The owners were puzzled by this and criticized for not issuing tenders, that is, they did not need to survey completed projects and draft unfinished projects, questioned the receiving standards, and worried about the quality of the project after the new contractor took over.
Faced with various doubts and the corporation failed to respond effectively, the owners have collected 5% of the owner’s authorization in July and August this year, respectively, requesting a meeting on "Objection to the Employment of Poly" and "Removal and Dissolution of the Current Incorporated" The special meeting of owners, but the corporation has been using the epidemic as an excuse to fail to convene a meeting within 45 days according to Chapter 344 of the Building Management Ordinance.
The owner, Mr. Cheng, stated that they had filed a petition with the Lands Tribunal on November 2 and asked the corporation to hold a meeting as soon as possible.
Small owners collected more than 5% of the owners’ signatures earlier, and successfully held a special meeting of owners last Friday (4th) to oppose the hiring of Lipoly, and request an authorized person to survey the completed projects and confirm the unfinished projects before re-tendering .
(Data Picture/Photo by Lu Nuojun)
The most paradoxical thing is that the minutes of the meeting of the corporation on November 4 mentioned that Lipoly had temporarily accepted an emergency repair quotation of 191,000 yuan in view of the fact that there was no new consulting company in the building. The threshold for voting by the owners’ meeting.
The corporation also unanimously approved the selection of Asia Consulting Engineering Co., Ltd. as the new consulting company, but the corporation had not formally signed a contract until the special meeting of owners was held on December 4.
The owners will fight the Superluck II Corporation in a special meeting two weeks later.
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