DBSML’s (The Manager) UNEXPLAINABLE 18 YR FAILURE TO COLLECT AN OWNERS MONTHLY FEE
For the period October 2003 to September 2016 no action and no reason for no action was offered by the Manager. Since September 2016 the Manager, whose duty it is to act under the PDMC, has not acted. The latest VOC minute will record what has been the problem for 18 years. There is no willingness to take legal action. There was no initiative by the Manager up to 2016, and after the inaction was discovered by a VOC member (an accountant), there has been 5 years of obstruction, which should have easily been resolved in Court at the Hillgrove owners, expense. Seemingly DBSML does not want to go after the debtor.
2003
Period of Silence 11 YearsNo Record of Missing Fees
No record of missing fees reported to village owners by DBSML
2014
Period Manage Failed to React 2 YearsVOC discovers the problem
An experienced professional accountant newly elected to the HILLGROVE Village Owners Committee discovers an apparent hole in the village accounts Village Owners Committee expected immediate action to recover the debt by DBSML with compound interest applied.
2016
Neither Hillgrove VOC nor DBSML can decide the PDMC interpretationIndependent Legal Advice
DBSML are unwilling to commit to independent legal advice sought by Hillgrove VOC Chairman – there is an arguable case in favor of compound interest in the opinion of a Barrister at Law
2016-2021
Many meetings and years laterSo much time has gone by.
Hillgrove Village Owners Committee, subjected to the manages stalling tactics at 27 Meetings and DBSML’s failure to provide a secretary and/or someone to publish Minutes as Required under the DMC
Step 1
“Summary of fee quotes”No reference for the tender.
1st Tender for Quotes
Funds released for legal action for debt recovery.
Selected legal firm Chung & Kwan withdrew and DBMSL announced they had assigned Woo Kwan Lee, (not in the tender). Subsequently withdrew
Step 2
Paper 562-17 approved on trust that there would be a proper brief2nd Tender for Quotes
Funds released for legal action for debt recovery.
Selected legal firm Chung & Kwan withdrew
Step 3
Paper No.VOC T1789/20
3rd Tender for Quotes
Funds released for legal action for debt recovery. Disagreement between DBSML and Hillgrove VOC on choice of legal firm: Kennedys refused by DBSML and “apparently” insisted on appointing Benny Kong & Tsai
2021
5 Years and still goingWhere we are today
DBSML confirms in a VOC meeting that since there is “no consensus” with the Hillgrove VOC they will look for “alternatives”. DBSML attempting to withdraw
T 2789/20 from the minutes 11th November 2020
Note: DBMSL frequently refers to advice from its “in-house counsel”, which is the Registered Owner (HKRi – Developer). There could be a conflict of interest, but DBMSL should be impartial.
Benny Kong & Tsai later informed the Hillgrove VOC Chairman discovered that the firm had never been requested to quote for this debt recovery case (and this subsequently confirmed in writing)
DBSML guidelines suggest that the Manager should seek direction from the VOC
