肥叔叔 發表於 2012-8-18 11:10
我獨輸少, 什麼DMC ?
咩叫DMC 大廈公契?
A Deed of Mutual Covenant (“DMC”) is an agreement under seal. It binds on all owners of a multi-unit or multi-storey building. It basically sets out rules to regulate the rights and liabilities of co-owners and establishes management machinery for the co-owned property.
Hong Kong buildings are mostly multi-unit or multi-storey. People own multi-unit developments in Hong Kong by holding undivided shares in the whole development together with an exclusive right to use a particular part of the building that they bought. Owners are actually co-owners of the whole development. The DMC caters the need to regulate rights and liabilities of all owners.
The parties of a DMC include the developer and the first purchaser of a unit in the development and the management company (if there is a management company appointed). Even though not all owners signed the DMC, they are bound directly by it. This is similar to a case where members of a trade union are bound by its rules. DMC covenants can be enforced against the successors in title of the original parties or their successors in title.
DMC has a binding force over all owners, incorporated owners, manager, tenants and users of the building. Relevant parties can take legal action against the party who violates the DMC. The remedies of violations include damages against losses, an injunction order from the court and a declaration from the court concerning the violating act.
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