58 QUORUM LIST
Differences of opinion within the VOC have arisen; two long-term active members of VOC have resigned.
• All VOC members are battle weary after seven years struggling against City Management (“CM”) to recover past due management fees, renovation fees, and interest from a long-time delinquent home owner. CM took no action at all to collect the past due amounts, either in the 11 year period before the arrears were discovered by a VOC member or in the seven years after the large delinquency was disclosed to the VOC and CM. Rather, CM delayed, dithered, and obstructed all efforts by the VOC to collect monies owed to Hillgrove Village by the recalcitrant owner. The delinquent owner has taken advantage of CM’s inattention to the enormous delinquency whilst the years of effort by the VOC to begin legal action to recover the debt were obstructed by CM. Recently VOC members have resigned because there are too few results to show after years of regular attendance representing Hillgrove owners at VOC meetings.
• Action has been further hampered by the successive resignation of two Estate Managers, who were doing a good job for our village, (exceptional in one case), after only a few months. Moreover, our Project Manager quit after coming to grips her new job in Discovery Bay as replacement for a long-serving project manager who resigned. The high management turnover and lack of continuity stunts progress on outstanding projects included in the recent renovation.
• A small group of VOC members, including our Vice Chairperson have proposed a cessation to the VOC’s efforts to recover a proper settlement for the owners by leaving CM free to negotiate with the delinquent homeowner and to misdirect the lawyers they engaged to collect the debt. Importantly, due to inaction by CM, there is now a second homeowner with a long overdue debt.
• Hillgrove VOC is fortunate to have a seasoned accountant, a senior banker, and a lawyer who support a majority of the VOC in remaining firmly opposed to conceding anything at the expense of the owners who pay their dues on time. Nonetheless your VOC is coming up for an election and it is important that owners are aware that there are differing views to be given serious consideration.
The present Chairman is not standing for re-election
• I am stepping down and will not stand for re-election. I am willing, however, to continue as a committee member, possibly as the Vice Chairperson. I have been Chairman for seven years and, for professional and personal reasons, I will need to be absent from Hong Kong for significant periods of time in the years ahead. It is the right time for a different owner to take over the duties of the VOC Chairmanship.
- THE PRINCIPAL POWERS OF THE VOC CHAIRMAN ARE:
- The VOC Chairperson is a voting member at the City Owners’ Committee. The primary responsibility of the COC is to represent the owners of Discovery Bay in all dealings with the Manager.
- The VOC Chairperson may determine the time, manner and place for a poll vote called at a Village Owners Meeting (following the Parkridge Judgement).
- The VOC Chairperson may request that the Manager convenes a Village Owners Committee meeting.
- The VOC Chairperson signs the minutes of the Village Owners Committee Meetings following a proposal and a second from members present in a quorate committee.
- Any member of the COC may claim out of pocket expenses necessarily incurred in carrying out the duties of the COC.
NOTE 1 – According to the PDMC any release of funds from the Reserve must be for a purpose approved by the “Owners’ Committee”. In the case of DB, the Owners’ Committee is The COC. However, CM never seeks the approval of the COC for Village expenditure. Hence, CM is obliged to accept the approval of the VOC.
NOTE 2 – In connection with our debt recovery, CM has, unexplainably obstructed the appointment of a solicitor selected by the VOC on the basis that the lawyer we selected is too costly?. We have seen no evidence that this would is the case and perhaps we will get what we pay for and a forced sale of the property would, anyway, recover all the costs for recovering the debt. The Hillgrove owners are entitled to receive the full amount due under the terms of the DMC. The Hillgrove VOC should not consider accepting any negotiated settlement that yields less than the full amount due and neither CM nor the VOC members have the power to decide as long as the parties disagree..
CM advocates increasing management fees by 3.5%, which the VOC at present does not support.
• The majority of VOC members asserts that no increase in fees is necessary provided CM faithfully administers its responsibilities to collect the correct amounts due by the two delinquent homeowners on a timely basis. The VOC maintains that the past due amounts significantly surpass HK$1,000,000.
• A minority of VOC members are concerned that pressuring CM to act on behalf of the best interests of the Village may result in CM withholding services, delaying services, or eliminate services. Thus, Hillgrove owners need be aware that CM might threaten to degrade or put a moratorium on management services if the VOC does not “cooperate.” The non-collection of management, renovation, and interest fees is already an extreme withdrawal of services. Evidence exists that other services have been intentionally delayed.
We can offer a better brief to ALL Hillgrove owners before the annual VILLAGE OWNERS MEETING, (including absentee owners)
The recently departed Estate Manager agreed (as recorded in the minutes) that the Chairman may write a letter to ALL owners to be issued together with the official announcement of the Village Owners Meeting. According to CM, the VOC cannot have direct contact with the owners they represent, based on CM’s interpretation of the Data Privacy Ordinance – a view many do not share. Accordingly, I will invite Village Owners to have permanent contact with the Chairman; all Village Owners and they will be offered access to this website where information can be exchanged.
- Several points need to be explained before the Village Owners Meeting on 26th February:
- A report on the renovation – unfinished works outside the contract
- The plan for adoption of the Parkridge Judgement to speed up the Village Owners meeting.
- The importance of good communications – the introduction of website and the Hillgrove Village laptop.
- Latest information on the outstanding debt situation
- Further QUORUM LIST messages will be used to expand on the foregoing, however, I am proposing at least one informal meeting with owners before the VILLAGE OWNERS MEETING.
The Chairman