Invitation to Join the “Joint Petition of Marinella Owners” – Petition to Hold a New Election of the Marinella Owners’ Committee

如需閲覽中文版聯名行動,請點擊這裏【中文】。

Dear Owners of Marinella,

Greetings!

We are a group of Marinella Owners who have become quite concerned about the substandard property management of Marinella. As a result, comparing to similar properties, Marinella’s market value is declining instead of appreciating. A group of Marinella Owners openly raised their concerns at the Annual General Meeting held in early October 2021. Subsequently, 55 Marinella Owners co-signed a formal letter of complaint to the management company and asked the Owners’ Committee (“OC”) to evaluate the property managers appointed by the management company, to seek rectification of property management’s irresponsible conduct, and to restore confidence of the owners in property management.

At present only the Owners’ Committee (“OC”) has legal standing to represent all Marinella Owners to deal with Teamer, the Manager designated in the Deed of Mutual Covenant (“DMC Manager”). As both the chairman and the secretary of the OC have already resigned, it is imperative that a new election be held urgently. With the continuous erosion of the rights of the owners, we are unable to turn a blind eye to the lack of accountability of the management company and the failure to protect our rights as owners.

We invite you to participate in the joint petition to hold a new election of the OC as soon as possible. By improving communication among the owners and strengthening the exercise of owners’ rights, we hope to advance the owners’ two common objectives of

(1) residents live happily and (2) investment appreciates in value.

Very truly yours,

Marinella Concerned Owners’ Group

WeChat: M9_concerned_owners;

WhatsApp: +852-66603923;

Email: m9.concerned.owners@gmail.com

Full text of invitation

Dear Owners of Marinella,

Greetings!

We are a group of Marinella Owners who have become quite concerned about the substandard property management of Marinella. We have witnessed that the quality of Marinella property management has declined over time, with many problems identified by owner-residents remaining unresolved for a long time. As a result, comparing to similar properties, Marinella’s market value is declining instead of appreciating.

At present only the Owners’ Committee (“OC”) has legal standing to represent all Marinella Owners to deal with Teamer, the Manager designated in the Deed of Mutual Covenant (“DMC Manager”). Contrary to the clear stipulation in the DMC that the OC must be established before the end of 2013, Teamer delayed by 8 years to convene an Owners Meeting to elect the first OC of Marinella in June 2020. By now, two OC members, the chairman and the secretary, have already resigned.

Marinella faces a wide range of substandard property management problems, with unresolved old problems piling up while new problems continue to pop up. Increasingly there are indications that some of these long-standing unresolved problems may involve fundamental issues involving the building’s structure and security. Although Marinella enjoys the advantage of a landmark location and an attractive market position, due to substandard property management, residents no longer enjoy living here, and owners face downward risk in investment value. Below is a list of the problems caused by substandard property management:

1. A management model involving several layers of delegation by Teamer to Chissay and sub-delegation by Chissay to Jones Lang LaSalle Management Services Ltd. (“JLL” or “management subcontractor”), resulting in a do-nothing DMC Manager who is unaccountable to the Owners and who avoids taking any responsibility for the substandard property management.

2. The management subcontractor controls the communication channel between the OC and the Owners, interferes with OC’s internal deliberation, and seriously disrupts the smooth functioning of the OC.

3. The DMC Manager openly disregarded a formal complaint letter co-signed by 55 Owners, by using a clever legal interpretation to hide behind the OC. 

4. Net effect of the above is that Marinella Owners are always kept in the dark while suffering a continuous erosion of their rights.

 5. Issues of substandard maintenance persist in the Common Parts of the property while related quality problems inside Owners’ units fail to receive timely and effective remediation and indemnification.

 6. Failure to enforce a personnel code of conduct resulted in personal safety issue to residents and poor morale among Marinella staff members.

 7. Charging exorbitant prices for routine household repair services, causing residents to live in constant distress.

Although legally speaking Marinella Owners are the owners, given their substantial number it is difficult to coordinate a uniform view among them, leading to a weak and passive position at the present time. Moreover, before the Owners’ Corporation is formed, all channels and platforms relating to property management are under the strict control of the management subcontractor. Although the OC has legal standing to represent Marinella Owners to deal with the management subcontractor, it is subject to constant interference and faces many problems.

8. Both OC chairman and secretary have resigned for months and a lack of leadership results in Marinella Owners continuously kept in the dark.

 9. The communication channel between the OC and the Owners is blocked, with the Owners having to find other ways for their voice to be heard.

 10. A formal petition by 55 Owners to evaluate the property managers appointed by the management subcontractor was “filtered” by the OC and effectively “extinguished”.

 11. Lack of transparency in the review of important matters, thereby making room for irresponsible behavior on the part of the management subcontractor.

The Owners witnessed the hard work of OC members in the past, for which we express our heartfelt gratitude. However, mutual respect and neighborly cordiality between Marinella Owners should not distract from the most urgent common task before us. Since at present only the OC has legal standing under the DMC to address property management issues, it is imperative that the hard-earned result negotiated by the OC will be implemented by the OC to rectify the irresponsible behavior of the management subcontractor. We believe a joint petition by a large group of Marinella Owners will give a strong mandate to the OC to commence an evaluation of the property managers appointed by the management subcontractor.

Numerous precedents in Hong Kong and overseas demonstrate that only when the owners exercise timely and effective supervision of the property in a comprehensive manner will the management of the property be carried out responsibly, the relationship between the owners and the management company be built on a legal, reasonable and considerate foundation, the facilities of the property be given reasonable protection and maintenance, the investment of the owners be protected by quality management, and the residents be provided a safe, comfortable and delightful living environment.

Teamer has already made it abundantly clear that only the OC has legal standing to represent Marinella Owners to deal with the DMC Manager on problems of the management subcontractor’s substandard performance. Regardless of how many Marinella Owners we can assemble as a group, it will have zero impact on the DMC Manager. In the end what really matters is to elect an OC that:

  • Proactively listens to the Owners,
  • Proactively upholds Owners’ right,
  • Transparently review matters of great concern to the Owners,
  • Decisively take action to address the management subcontractor’s substandard performance,
  • Expeditiously advance the common objective of “residents living happily and investment appreciating in value.”

“Status quo” or “reform”? We believe that only by focusing on the fundamental issues and taking decisive action will the substandard property management of Marinella be rectified. All that the management subcontractor cares about are how much of the $3,000,000-a-year Management Remuneration they will be able to share. What the Owners care about is the enjoyment and appreciation of Marinella that has a market value of tens of billions of dollars. We the undersigned owners are passionate about moving forward with a reform that will protect our home and increase the value of our investment. If you share our goal of “residents living happily and investment appreciating in value”, we cordially invite you to contact our owner-volunteers and to participate in this joint petition.

1. Primary proposal:  A Joint Petition of Marinella Owners to “request the OC to convene as soon as possible an Extraordinary General Meeting according to Clause 12.6 of the Deed of Mutual Covenant to elect 9 OC members as successor to the present OC, to represent all Owners to advance the two common objectives of (1) residents live happily and (2) investment appreciates in value”.

2. Back-up proposal:  If the OC fails to act promptly to effectuate the joint petition above, to co-sponsor a resolution to be added to the agenda of the earliest future Owners’ Meeting to elect 9 OC members as successor to the present OC, to represent all owners to advance the two common objectives of (1) residents live happily and (2) investment appreciates in value.

We wish you a Happy and Healthy New Year!

Very truly yours,

Group of Marinella Concerned Owners

Yes! I agree to participate. (Please follow the green label below to complete a simple 3-step process).

Reminder:  Before you proceed, please kindly doublecheck the following:

(1) The contact: Save a copy of your WeChat QR code in your phone’s photo album so that you can upload it later. If your media account can be searched by the ID number, you may choose to leave the account ID only.

(2) Printer: Please get it connected to print out the documents later.

OK, now you may begin the sign-up process. Thanks for your kind attention.

1. Sign up

Joint Petition of Marinella Owners to Hold a New Election of the Owners’ Committee

Given the large number of Owners, we wish to organize more effective communication on an ongoing basis, so as to provide better protection of our legal rights as owners. Please kindly provide your basic contact details to join the “Marinella Concerned Owners Group” on WhatsApp or WeChat, through which communication will be confined solely to property management matters. 

If you own multiple units at Marinella, please kindly provide a separate sign-up for each unit (multiple sign-ups by the same owner is OK).

Under the “Name” section, you can either enter your name or the way you prefer to be addressed (e.g. Mrs. Chan/陳太) 

Thanks for all your help.

Upload your contact details

Please fill in your phone/WhatsApp number and upload your WeChat QR code. When the information is filled in and the documents for upload are ready (“100%” appears), click “Submit”. 

    After registering and uploading your contact details, our volunteers will contact you to complete the rest of the process.

    You can also choose to continue here to complete the following Step 2 (download ) and Step 3 (return) to complete the rest of the process.

    2. Download document of authorization (select one from 2.1 or 2.2 below)

    【Kind Reminder】To raise the owners’ joint motion for the new election by the rule of minimum 5% shares, prior proxy to the volunteer owners is a secure and efficient way because a timely formal notice to add the joint motion into the agenda is essential. So, method 2.1 is highly recommended. Thanks!

    3. Upload the signed document (or deliver the originals to mailbox provided in the document of authorization)

    After the information is filled in and the document of authorization is signed, lay it flat and take a photo or scan it, then upload the document here. After the document to be uploaded has been selected (“100%” appears), click “Submit”.

      Email

      m9.concerned.owners@gmail.com

      Please specify in your email your Marinella unit’s number (e.g. T2-2B), as well as your social media contact details (if available).

      WeChat

      WeChat ID: M9_concerned_owners

      WhatsApp/Tel

      +852-66603923

      Thanks for your participation! More information for your reference in the following parts.

      Q & A

      The DMC Manager is Teamer Property Management Company (“Teamer”), a subsidiary company in the K. Wah Group. Teamer has delegated the property management of Marinella to Chissay (Property Management) Limited (“Chissay”), another subsidiary company in the K. Wah Group. In turn, Chissay has entered into a contract with Jones Lang LaSalle Management Services Ltd. (“JLL” or “management subcontractor”) to subcontract the property management of Marinella to JLL. The net result is that day-to-day management of Marinella falls into the hands of parties with whom the Owners have no direct contractual relationship. Teamer has consistently refused to disclose the subcontract between Chissay and JLL (see here), rendering it impossible for the Owners to hold the management subcontractor accountable for longstanding property management problems, such as routine cleaning services, ground level traffic control, and swimming pool management etc.

      JLL refused to provide contact information of Owners to the OC – all communication from the OC to the Owners must be approved by JLL in advance before being sent out via JLL’s platform. In January 2021, JLL Senior Director Wesley Lau and Marinella property manager Ronny Lee bypassed the OC secretary to organize an OC meeting on 30 January 2021, where certain OC members were guided to initiate a resolution to convene an Extraordinary General Meeting to remove Mr. Kan, the OC chairman (see OC meeting notice). Three senior managers from the K. Wah Group were also invited to attend for the very first time. In effect, the OC was ambushed by JLL, a party with whom the Owners have no direct contractual relationship. Such an act of ambush by the management subcontractor seriously disrupted the smooth functioning of the OC, which was first established only 6 months earlier. Details of this meeting can be found in the approved pre-meeting record of the 30 January 2021 OC meeting and minutes of subsequent OC meetings, which can be obtained from the OC directly (marinella.oc.mail@gmail.com).

      On 23 October 2021, 55 Owners co-signed a formal complaint letter (See here) , in which 13 specific problems of substandard property management were identified, and asked the OC to forward the complaint letter to Teamer. Teamer failed to reply to the Owners; instead, JLL the management subcontractor sent a non-committal response to Ms. Lu as the Owners’ representative (see here) with substantial items unaddressed (see here). After the Owners applied further pressure, Teamer itself finally responded by citing certain legal provision in the DMC as justifying that the earlier message from JLL to Ms. Lu was a sufficient response to the formal complaint letter co-signed by the 55 Owners, and that in the future Teamer would liaise only with the OC “on all matters” (See here).

      Deprive owners of the right to access the OC meeting minutes by providing only the English Version (see here). Creation of a Marinella mobile phone APP was meant to facilitate Owners’ access to information on property management and OC’s deliberation. However, each Owner is required to submit a signed paper application before being allowed to download and open the APP. Since many Owners don’t live in Marinella themselves, and with other Owners who live here being away from Hong Kong in the Mainland or overseas due to the pandemic, no effort is made by the management subcontractor to enable convenient access by the disadvantaged Owners. OC meeting minutes emailed by the management subcontractor are set in a format that does not allow the Owner to open and read any attachment of interest by simply clicking the relevant link. Significant Owners’ complaints are regularly whitewashed by the management subcontractor into something more innocuous. For example, the formal complaint letter addressed to Teamer was re-characterized by the management subcontractor as “a letter of request”. “Failure to perform their oversight duties” was translated by the management subcontractor into “unable to carry out their work”. With the numerous small steps taken by the management subcontractor, it is inevitable that the Owners will always be kept in the dark. 

      Substandard maintenance of the Common Parts of the property and long period of neglect by the management subcontractor has turn Marinella into a place full of eyesores wherever one cares to look, with the original tasteful design of Marinella totally unrecognizable today (see here). Defects during the construction phase now manifest themselves in quality problems inside Owners’ units (such as uncontrollable water leakage). Teamer failed to raise these construction defects with the developer in a timely manner in order to seek timely and effective remediation and indemnification, leaving the unfortunate Owners in endless distress. The construction warranty given by the developer to the Owners will expire in a few years’ time. As a subsidiary company of the developer, Teamer is in a serious conflict of interest position—we cannot expect Teamer to take the initiative to follow up on construction defects with the developer proactively. Once the developer’s warranty has expired, the Owners will suffer not only a sharp drop in the property’s market value due to a failure to rectify the construction quality issue, but also the high cost of repair that should have been the developer’s responsibility.

      The observation and feedback from a number of Owners indicated serious breach of code of conduct by certain personnel appointed by the management subcontractor JLL. Although the management subcontractor knew about the breaches for a long time, it failed to take any action to address them. After repeated pressure from a group of concerned Owners, one problem personnel has been removed from Marinella, but other problem personnel still remain in Marinella.

      rices for routine household repair services are exorbitant (see price list)—charging $1,000 for replacing a light switch that cost $300 if a repairman from the outside were used, and charging $100 for a $10 light bulb, etc. Household repair and maintenance regularly cost thousands to tens of thousands. Despite the joint complaint of substantial Owners, the management subcontractor makes no change but continues to blindly refer such work to outside contractors without doing any due diligence on price and quality (see the latest proposal). The goal of a property management company should be to help residents to enjoy living in Marinella, but the reality is that Marinella residents now live in constant distress caused by all types of household repair and maintenance headaches.

      With the management subcontractor repeatedly interfering, disrupting and undermining the work of the OC, leading to the resignation of both OC chairman and secretary, silencing the voice of Marinella Owners has become a reality. Who will represent the voice of Marinella Owners? How will the voice of Marinella Owners be heard by the DMC Manager and the management subcontractor in the future? These important issues have been swept under the carpet.

      With the resignation of both OC chairman and secretary, the only communication channel left between the OC and the Owners is the official email address of the OC, while other channels are controlled by the management subcontractor. As a result, the several social media groups set up by the former OC secretary have become the only uncensored channels for Owners to express their concerns about the substandard property management of Marinella. The remaining OC members rarely participated in the social media group’s discussion. Fearing that their voice didn’t reach the remaining OC members, the Owners presented a list of concerns and complaints about substandard property management at the Annual General Meeting held on 5 October 2021. Unfortunately, 4 months have passed and yet no OC member has reached out to the Owners to understand their concerns and complaints.

      55 Owners took the initiative to communicate with the OC directly, by co-signing and sending a “Letter of Thanks and Petition” (see here) to the OC. In addition to thanking the OC for their hard work in the past, these Owners petitioned the OC to commence urgently an evaluation of the property managers appointed by the management subcontractor. Teamer has already committed to the OC that the DMC Manager would honor such an evaluation by the OC in order to improve the performance quality of the management subcontractor (see OC meeting minutes). After receiving the “Letter of Thanks and Petition”, the OC stayed quiet and failed to take any action to follow up – OC’s formal reply only acknowledged the Owners’ “letter of thanks” but didn’t mention the Owners’ “petition”, which was effectively “filtered” and “extinguished” by the OC.

      During the final stage of the negotiation with the DMC Manager, the OC failed to proactively seek the input of the Owners, to ensure that the commitments secured from Teamer truly addressed the concerns of the Owners about substandard property management. Conflict of interest issue was disregarded by OC member. The OC made no effort to arrange the agenda of the Annual General Meeting in such a way as to elicit Owners’ views and concerns about substandard property management. The issue of the Two Letters (the Letter of Serious Demands and the Letter of Thanks and Petition) co-signed by 55 Owners was not addressed in the first OC meeting’s agenda after the AGM (see OC Meeting agenda) notwithstanding the rare attendance of Mr. Vincent Yeung from Chissay. Finally, after further pressure from the Owners, only the Letter of Serious Demands was included in the second OC meeting after the AGM as the last (16th) agenda, which the OC spent less than 7 minutes to go over without any discussion among the OC members about the problems presented in the letter, such as the divergence of the management’s proposal from the owners’ demands.


      Ms. Ding is an owner living in Tower 1. She have been living in Hong Kong for decades. She believes that as long as owners unite as one and take timely and effective actions, the property management quality is expected to be improved in the long run.

      Ms. Lu is one of the first-hand owners of Marinella. She is also the founder and administrator of the three main online chat groups of Marinella. The advantage of her diversified background as well as her fervent contribution have been widely recognized by the community. Here are her objectives: Comply with the law and the DMC. Revolve around the owners. Strengthen owners’ joint power. Defend owners’ mutual rights and interests.

      Ms. Wang is an owner from Tower 2. Before she moved to Marinella in 2021, she lived in a large rail plus property developed by Sun Hung Kai company. With rich experience of high-quality property management, she hopes to contribute herself to enhancing the property management, which makes Marinella an upscale estate and a beautiful home.

      Protect the rights of Marinella Owners. Residents live happily. Property appreciates in value.


      Joint the volunteer team!

      Your participation into our team is how the property management could be further improved!

      You are very welcome to join us. Please leave us your telephone/WhastApp number or upload the WeChat QR code. Click the “submit” button after the upload is 100% completed.

        WeChat:

        WhatsApp

        WhatsApp ID: +852-66603923

        Email

        m9.concerned.owners@gmail.com

        Given a large number of Owners, we hope to establish a long-term and efficient communication channel with everyone to protect owners’ rights and interests in Marinella. Please note that all personal data will be kept by the administrators of Concerned Owners’ Group and will not be stored on the server of this webpage. Relevant personal information is only used for this joint petition. The Hong Kong Personal Data (Privacy) Ordinance will be followed in using and processing the personal data.

        【深灣9號業主聯名請求行動】要求補改選深灣9號業委會 誠邀閣下參加

        誠意邀請您

        For English version of the joint petition, please click here. 【English】

        我們要:安居升值

        業主朋友,您好!

        我們是密切關注深9問題並一直為業主發聲的熱心業主群體,深灣9號物業管理差劣,相對可比物業,市價不升反跌。衆多業主此前業主大會上發聲,繼而55個單位業主聯合向管理公司提出系列嚴正要求、並促請業委會合法審議管理公司人士去留,從機制上制約不負責任之行爲,以重振業主之信心。惟現實是,業委會是業主目前合法和契約管理人交涉的唯一組織。業委會主席和秘書相繼辭職,亟需儘快補、改選。在業主們的權益受到不斷侵蝕的情況下,我們不能坐視自己的權益無法得到合法合理的保障而坐視不理、也不能聽任管理公司繼續不作爲了。

        請您參與業主的聯名行動,要求業委會儘快進行補/改選。完善業主的溝通組織,强化業主們的核心力量,在一個更有效的平臺上推進業主們的共同目標,即,

        業主安居生活,物業投資升值!

        邀请函全文

        我們是一群長期關注深9屋苑管理的業主。深9屋苑管理每況愈下,業主住戶發現屋苑管理問題長期得不到解決,而且與類似物業相比,市價已出現不升反跌的情況。

        業委會是目前唯一有法律地位,可以代表業主整體與契約經理人天霸物業管理公司對接交涉的組織。深9的契約經理人沒有按照公契之明文規定,於2013年年底前建立首屆業委會,而是比公契規定的時間遲8年即2020年6月才去組織成立。現時業委會中的主席和秘書兩位成員已經辭職。

        深9屋苑物業管理缺陷比比皆是,過往未得到妥善解決的事項不斷堆積,新的問題又接連產生。越來越有證據顯示,深9管理的問題,如不及時妥善全面處理,可能會是涉及屋苑樓宇結構、治安等根本性的層面。深9本具有地標性的位置和市場定位,而屋苑因得不到妥善管理,已讓居住者不能盡享其山海風情,業主的投資價值也處於風險當中。其中管理差劣根源問題包括:

        (1) 天霸、捷盛、仲量聯行等的層層代理的關係,成爲公契經理人推卸責任及模糊業主視綫的主要風險;
        (2) 操控業委會與業主之間的通訊橋梁,插手業委會內部事務,嚴重破壞業委會內部和諧;
        (3) 巧用法律條文做護身符,利用業委會做避風港,公然漠視55個物業的聯名嚴正要求;
        (4) 上演各種精心佈局,不斷蠶食業主的知情權和利益;
        (5) 公共區域物業保養差劣,單位物業內部質量問題未能及時徹底維修和索償;
        (6) 縱容道德淪喪之行爲,嚴重影響業戶人生安全並打擊員工士氣;
        (7) 家居服務漫天開價,業戶生活嚴重困擾。

        深9業主們雖為法律上的業主,但人數衆多較難統一意見和協調,反而現時地位被動和弱小,在成立業主立案法團之前,所有的渠道和平臺都受到管理公司的嚴密控制。唯一有法律對等地位的的業委會在被外部不停幹預滲透的同時,自身也存在諸多問題:

        (8) 主席和秘書辭職多時,業委會無人交代,群龍無首下業主們陷入茫然甚至毫不知情;
        (9) 業委會連接業主的橋梁閉塞,業主自尋代表發聲但求自保;
        (10) 55個單位請求審議仲量人士去留以振民心,聲音經過業委會過濾後“被和諧”、“被消失”;
        (11) 重要事項不在公契框架內公開透明地審議,為不負責任之行爲營造空間。

        各位業委過去的辛勤工作及努力,業主們有目共睹及由衷感謝。惟深9業主們相互睦鄰禮儀尊重之餘,其共同緊急要務,是以業委會作爲有效運用其目前公契所定的唯一的法律地位,並落實來之不易的談判成果,從根本上遏制管理公司不負責任之行爲。大群業主集體提出人士去留審議的請求,是為業委會撐腰打氣強化共同力量。

        無數在香港和外地的案例證明,只有業主們有效及時全面監管的屋苑,其管理才可以做到責任落實、業主與物管公司的關係才可以建立在合法合情合理的基礎上,屋苑樓宇設施得到合理維護保固,各業主的投資有管理上的保障、各住者有安全文明舒適優美的環境。契約經理人借深9目前只有業委會的現狀,已明文規定只有業委會才是業主整體唯一合法的溝通渠道。所以即便業主群體的人數眾多,對方也可以完全不放入眼內,因此各業主需要一個真真正正代表我們的業委會:

        一個積極互動聆聽、團結業主的業委會;
        一個維護業主權益、遵循民意的業委會;
        一個議事透明公正、遵循公契的業委會;
        一個洞悉複雜時局、果敢行動的業委會;
        一個快速向前推進、邁向理想的業委會。

        是選擇“被和諧”還是“求變革”?我們深信,只要瞄準深層次矛盾和果斷行動,定能從根本上治理表面的亂象,不會被只著眼每年300多萬蠅頭小利的商業圖謀疾礙我們引以爲傲、市場價值一百多億的深灣9號釋放光彩和價值。如果您與我們懷有共同的信念,我們誠意邀請您與我們建立聯係(方式見網頁最後),並加入我們的聯名簽署行動,内容為:

        1. 主要方案:聯名請求業主委員會按照公契第12.6條的規定,盡快召開特別業主大會選出九位業委會委員,作為現今業委會的繼任人。
        2. 後備方案:假如業委會沒有及時實現上述聯名請求的話,發起業主聯名議案,把該議案加入未來最早召開的業主大會議程之中,選出九位業委會委員,作為現今業委會的繼任人。

        本次聯署,就是把上述兩個方案一次性授權給我們或您指定的代表,以便能在最早可能的時間召開業主大會,從而選出真真正正代表廣大業主的業主委員,以致力推動如下兩大目標: 居民安居生活、物業投資升值!

        再次感謝並祝願大家在新的一年平安喜樂、萬象更新!

        順頌

        時祺

        深9熱心業主群體

        好!樂意參加

        請備好微信/WhatsApp的二維碼圖片,或賬號號碼,隨後上載建立聯係(如您的微信賬戶可以用手機號碼搜尋到,則只需留下微信賬號手機號碼)。

        備好後,即可正式開始了。

        1. 報名

        上傳您的聯絡方式

        請填寫您的電話/WhatsApp號碼,及上傳您的微信二維碼。填寫和上傳文件準備好(顯示100%)後,點擊“提交”按鈕。

          報名和上傳了聯繫方式完成,我們的義工會與您聯繫以完成餘下簡單的流程。

          您也可以選擇在這裡,繼續完成以下步驟2下載文件和步驟3傳回文件。

          2. 下載、打印和簽署文件(下列方式2選1)

          【溫馨提示】爲了早日實現儘快補、改選,如果現任業委會沒有在近期召開業主大會,我們需要引用提前授權、啓動公契中規定5%業權發動聯名議案於業主大會表決,是推進補、改選的方式有效方式。如您以2.1授權方式提前簽署好文書,則如果需要下次業主大會前“第一時間”集體提出改選議案、則更爲方便。因爲授權的議題單一及簡單、建議考慮采用2.1方式。感謝!

          3. 上傳已簽署文件(或原件交回文件中所提供义工信箱地址)

          已填好、簽署妥當的授權文件,平整照相或掃描后,這裏上傳。選取的上傳文件準備好(顯示100%後,點擊“提交”按鈕)。

            電郵

            m9.concerned.owners@gmail.com

            郵件内容請注明您的單位號,及社交媒體聯係方式(如有)。

            微信

            微信賬號: M9_concerned_owners

            WhatsApp/電話

            WhatsApp ID: +852-66603923

            多謝您的參與!
            後面内容更加豐富。

            焦點問題Q & A

            契約經理人是嘉華集團的子公司“天霸物業管理有限公司”,該公司把深9物業管理交給嘉華另一子公司“捷盛物業管理公司”並以合約形式外包至“仲量聯行物業管理公司”。天霸一直拒絕公開最重要的外包合同以便不受監管(點擊查看),長期把日常管理事宜交給與業主沒有契約關係的代理人(捷盛、仲量)處理,導致代理人的管理表現沒有法律代價,各種管理問題得不到長期妥善治理,如日常清潔、地面交通和泳池管理等。

            仲量拒絕向業委會提供業主聯係方式,業委會目前與全體業主發佈資訊要先得到仲量認同才能通過其平臺發放。2021年1月,仲量高級經理Wesley 劉先生及物業經理Ronny李先生繞過業委秘書組織會議的職能,另行組織個別業委成員參與推動召開特別業主大會罷免業委會主席離開整個業委會的動議(見會議通知),並請來從未出席過業委會的嘉華公司三大經理來參會,造成業委會內部動蕩。詳細過程已記錄在經核實之2021年1月30日的會前記錄以及隨後的業委會會議記錄,可聯係業委會(marinella.oc.mail@gmail.com)取閲。

            55個物業的業主自行聯合並於2021年10月23日通過業委會向公契經理人天霸物業管理公司正式提出13點“嚴正要求信”(點擊看原信),天霸沒有在限期即同年11月9日前按要求回復全體業主,而是利用仲量聯行以空頭支票式的方案(點擊看方案)只發給業主代表一人。後經多次施壓,天霸才出現,但方案仍未完全按照業主的要求改進,並最後引述公契條文正式表示與55個單位的溝通告一段落,日後只會與業委會往來“一切事宜”(點擊看文件)。

            業委會會議記錄多次只向業主提供英文版,沒有中文版(見手機App截圖)。手機APP的開通本身有利業主及時瞭解業委會的動向,應該仿效坊間做法自動配對個人資料後自動開通,如今需要業主親自寫紙申請,無視大量非自住的業主及疫情原因無法回來之業主的需要提供便利的開通方式。同時,暴露管理問題的會議記錄深藏在APP的第3層目錄;含超級鏈接的會議記錄通知文件以圖片格式電郵發送,使業主無法直接點擊鏈接打開會議記錄;業委會的壁布版被放置在大堂不起眼之地方;對管理公司的指控,曾多次改變文書原意,如業主的聯署信原本是“嚴正聲明信”,被管理公司改成“請願信”,“failure to perform their oversight duties”翻譯成”未能履行的工作”。以上方式讓業主獲取真實資訊的難度增加。

            公共區域保養維修質量低劣,到處滿目蒼夷,設計品味蕩然無存(點擊查看圖庫)。單位內部因前期内外工程質量低劣問題對業戶產生嚴重困擾,而天霸沒有向發展商及時跟進索償及保證後續質量。如今部分公共區域保養期臨近,在利益與發展商嚴重衝突下,天霸按照預期不可能有誘因積極幫業主跟進。一旦保養期過去,業主們不但要承受物業質量下降的市場損失,還要承擔高昂之維修成本。

            根據多個業主渠道的觀察和反饋,仲量公司個別員工有嚴重個人道德問題,管理層在知情下一直沒有進行處理,負面影響到個別住戶和部分員工。後經一批業主共同施壓下,某問題員工方離職,但剩餘的問題員工目前仍然在位。

            小型家居服務維修費用高昂(見報價),市場上300元換電開關的事情要價1000元,10元的光管,居然要100元等。其他家居維修費用動輒成千上萬,在業主聯合要求下,管理公司仍只管外判,不理品質和價格(見回應方案)。其只顧圖利,致使業戶大小事務皆要自己勞心勞力,違背便民安居之應有理念。

            第一屆業委會主席和秘書辭任多時,業主們自身力量被削弱已成事實,但成員爲何辭職、各方議事溝通機制如何開展、如今貫徹的理念是什麽、工作分配如何進行,與民同步是否受阻等,業委會一直未正式向全體業主交待。

            現今業委會與業主溝通的橋梁被管理公司控制,僅靠一個電郵被動溝通,曾長期負責3大網絡社群與民溝通的秘書辭職後,剩下在群的3位業委鮮有就物業管理問題與業戶互動。業主唯有在業主大會上透過自己的代表去發聲,懇請業委會加強與民溝通,但會議結束近4個月,未見業委會有行動加強溝通,業主們提出的系列訴求業委會也一直無人出來接觸業主具體瞭解。

            55個單位的業主聯名以“感謝和請求信”(點擊看原信)主動與業委會溝通,除了特別感謝之餘,重點是請求儘快啓動行駛公契經理人賦予業委會審議仲量聯行各職級人事去留並進行決議向天霸要求執行的權利(見會議記錄),以重振廣大業主的信心。對此,業委會一直保持沉默,在最後的正式回復中把業主們的“感謝和請求信” 刪減成“感謝信”,要求儘快啓動人士去留審議之請求事項消失了。鏈接“兩信”原件(即“嚴正要求信”和“感謝和請求信”)的鏈接和二維碼一直是處於無法鏈接的狀態(見公佈文件)。

            管理合同談判進入到最後關鍵的審議階段沒有在公契約定的正式會議上進行,關鍵決策的審議是否合符民意、利益衝突如何規避、周年業主大會的會議議程是如何安排等,沒有會議記錄供業主參考瞭解。“兩信” (即“嚴正要求信”和“感謝和請求信”)事項在業主大會上口頭提出及之後再次書面提出後,沒有在隨後的第一次業委大會上被加入會議日程(見會議日程),並在捷盛楊狄麟先生一行人在業主施壓下到場參會的良機下,業委會也沒有人提出“兩信”事項從并代表55戶進行正式交涉。後來在業主們再次施壓下,其中的一封“嚴正聲明信”被修飾成“請願信”後才被編排到2021年11月29日業主大會后第二次業委會最後一個議事項目(第16項)(見會議通知),全程用了不到7分鐘,當中業委除了指導管理公司如何出具授權文書外,卻並未有對信中的內容和進展進行內部討論,例如管理公司提出的提升方案貨不對板的問題。

            Tina是1座業主,在港生活幾十年。丁女士相信,只要業主上下團結一心並採取及時有效的行動,深灣9號物業管理水平才有希望長遠提升。

            Virginia是深9第一批業主及深9三大網絡社群的創始人和管理人,植根國内和香港多年,多元化的背景和熱心爲民的做事方式贏得各界多年的信賴。她的目標是:遵守法律和公契,以業主爲中心,團結業主的共同力量,捍衛業主的共同權益!

            Lucy是2座業主,2021年搬入深灣9號,之前居住於大型地鐵上蓋新鴻基物業,對於高質素物業管理有較深刻體會,希望能與廣大業主們一起,為提升深灣9號的物業管理出一份力,將深灣9號變成我們更加美好高尚的家園。

            深9業主團結起來,實現安居升值。


            加入我們

            屋苑管理的優化,全賴各位業主的參與!

            歡迎您加入業主義工團隊。請填寫您的電話/WhatsApp號碼,及上傳您的微信二維碼。填寫和上傳文件準備好(顯示100%)後,點擊“提交”按鈕。

              電郵

              m9.concerned.owners@gmail.com

              微信

              微信賬號:M9_concerned_owners

              關注組WhatsApp

              WhatsApp ID: +852-66603923

              本聯署活動系列在綫介紹和答疑會;

              深9人關注問題實時監督討論區;

              家居維修服務推薦;

              育兒資訊分享;

              投資買賣、物業租賃資訊發佈;

              健康資訊分享;

              美食工作坊;

              樂團工作坊等。

              加入我們,深9事務齊參與和日常樂趣齊分享!

              鑒於業主人數衆多,我們希望與大家建立長遠、高效的溝通聯係方式以保障業主在深9的長久權益。請注意,所有個人資料將會由熱心業主群組管理員進行保存,不會儲存在該網頁的服務器,相關資料僅作本次聯署之用,具體處理方式將遵循香港個人私人條例。

              深9 其他議題

              能見現狀已經可悲
              (見圖),
              無形問題影響更深,
              5200伙全新物業將陸續進場競爭(見規劃),
              業主儘快聯合才是出路!

              拒絕公開首要外包合同

              //

              2022-01-29 backup Invitation to Join the “Joint Petition of Marinella Owners” – Petition to Hold a New Election of the Marinella Owners’ Committee

              如需閲覽中文版聯名行動,請點擊這裏【中文】。

              Dear Owners of Marinella,

              Greetings!

              We are a group of Marinella Owners who have become quite concerned about the substandard property management of Marinella. As a result, comparing to similar properties, Marinella’s market value is declining instead of appreciating. A group of Marinella Owners openly raised their concerns at the Annual General Meeting held in early October 2021. Subsequently, 55 Marinella Owners co-signed a formal letter of complaint to the management company and asked the Owners’ Committee (“OC”) to evaluate the property managers appointed by the management company, to seek rectification of property management’s irresponsible conduct, and to restore confidence of the owners in property management.

              At present only the Owners’ Committee (“OC”) has legal standing to represent all Marinella Owners to deal with Teamer, the Manager designated in the Deed of Mutual Covenant (“DMC Manager”). As both the chairman and the secretary of the OC have already resigned, it is imperative that a new election be held urgently. With the continuous erosion of the rights of the owners, we are unable to turn a blind eye to the lack of accountability of the management company and the failure to protect our rights as owners.

              We invite you to participate in the joint petition to hold a new election of the OC as soon as possible. By improving communication among the owners and strengthening the exercise of owners’ rights, we hope to advance the owners’ two common objectives of

              (1) residents live happily and (2) investment appreciates in value.

              Very truly yours,

              Marinella Concerned Owners’ Group

              WeChat: M9_concerned_owners;

              WhatsApp: +852-66603923;

              Email: m9.concerned.owners@gmail.com

              Full text of invitation

              Dear Owners of Marinella,

              Greetings!

              We are a group of Marinella Owners who have become quite concerned about the substandard property management of Marinella. We have witnessed that the quality of Marinella property management has declined over time, with many problems identified by owner-residents remaining unresolved for a long time. As a result, comparing to similar properties, Marinella’s market value is declining instead of appreciating.

              At present only the Owners’ Committee (“OC”) has legal standing to represent all Marinella Owners to deal with Teamer, the Manager designated in the Deed of Mutual Covenant (“DMC Manager”). Contrary to the clear stipulation in the DMC that the OC must be established before the end of 2013, Teamer delayed by 8 years to convene an Owners Meeting to elect the first OC of Marinella in June 2020. By now, two OC members, the chairman and the secretary, have already resigned.

              Marinella faces a wide range of substandard property management problems, with unresolved old problems piling up while new problems continue to pop up. Increasingly there are indications that some of these long-standing unresolved problems may involve fundamental issues involving the building’s structure and security. Although Marinella enjoys the advantage of a landmark location and an attractive market position, due to substandard property management, residents no longer enjoy living here, and owners face downward risk in investment value. Below is a list of the problems caused by substandard property management:

              1. A management model involving several layers of delegation by Teamer to Chissay and sub-delegation by Chissay to Jones Lang LaSalle Management Services Ltd. (“JLL” or “management subcontractor”), resulting in a do-nothing DMC Manager who is unaccountable to the Owners and who avoids taking any responsibility for the substandard property management.

              2. The management subcontractor controls the communication channel between the OC and the Owners, interferes with OC’s internal deliberation, and seriously disrupts the smooth functioning of the OC.

              3. The DMC Manager openly disregarded a formal complaint letter co-signed by 55 Owners, by using a clever legal interpretation to hide behind the OC. 

              4. Net effect of the above is that Marinella Owners are always kept in the dark while suffering a continuous erosion of their rights.

               5. Issues of substandard maintenance persist in the Common Parts of the property while related quality problems inside Owners’ units fail to receive timely and effective remediation and indemnification.

               6. Failure to enforce a personnel code of conduct resulted in personal safety issue to residents and poor morale among Marinella staff members.

               7. Charging exorbitant prices for routine household repair services, causing residents to live in constant distress.

              Although legally speaking Marinella Owners are the owners, given their substantial number it is difficult to coordinate a uniform view among them, leading to a weak and passive position at the present time. Moreover, before the Owners’ Corporation is formed, all channels and platforms relating to property management are under the strict control of the management subcontractor. Although the OC has legal standing to represent Marinella Owners to deal with the management subcontractor, it is subject to constant interference and faces many problems.

              8. Both OC chairman and secretary have resigned for months and a lack of leadership results in Marinella Owners continuously kept in the dark.

               9. The communication channel between the OC and the Owners is blocked, with the Owners having to find other ways for their voice to be heard.

               10. A formal petition by 55 Owners to evaluate the property managers appointed by the management subcontractor was “filtered” by the OC and effectively “extinguished”.

               11. Lack of transparency in the review of important matters, thereby making room for irresponsible behavior on the part of the management subcontractor.

              The Owners witnessed the hard work of OC members in the past, for which we express our heartfelt gratitude. However, mutual respect and neighborly cordiality between Marinella Owners should not distract from the most urgent common task before us. Since at present only the OC has legal standing under the DMC to address property management issues, it is imperative that the hard-earned result negotiated by the OC will be implemented by the OC to rectify the irresponsible behavior of the management subcontractor. We believe a joint petition by a large group of Marinella Owners will give a strong mandate to the OC to commence an evaluation of the property managers appointed by the management subcontractor.

              Numerous precedents in Hong Kong and overseas demonstrate that only when the owners exercise timely and effective supervision of the property in a comprehensive manner will the management of the property be carried out responsibly, the relationship between the owners and the management company be built on a legal, reasonable and considerate foundation, the facilities of the property be given reasonable protection and maintenance, the investment of the owners be protected by quality management, and the residents be provided a safe, comfortable and delightful living environment.

              Teamer has already made it abundantly clear that only the OC has legal standing to represent Marinella Owners to deal with the DMC Manager on problems of the management subcontractor’s substandard performance. Regardless of how many Marinella Owners we can assemble as a group, it will have zero impact on the DMC Manager. In the end what really matters is to elect an OC that:

              • Proactively listens to the Owners,
              • Proactively upholds Owners’ right,
              • Transparently review matters of great concern to the Owners,
              • Decisively take action to address the management subcontractor’s substandard performance,
              • Expeditiously advance the common objective of “residents living happily and investment appreciating in value.”

              “Status quo” or “reform”? We believe that only by focusing on the fundamental issues and taking decisive action will the substandard property management of Marinella be rectified. All that the management subcontractor cares about are how much of the $3,000,000-a-year Management Remuneration they will be able to share. What the Owners care about is the enjoyment and appreciation of Marinella that has a market value of tens of billions of dollars. We the undersigned owners are passionate about moving forward with a reform that will protect our home and increase the value of our investment. If you share our goal of “residents living happily and investment appreciating in value”, we cordially invite you to contact our owner-volunteers and to participate in this joint petition.

              1. Primary proposal:  A Joint Petition of Marinella Owners to “request the OC to convene as soon as possible an Extraordinary General Meeting according to Clause 12.6 of the Deed of Mutual Covenant to elect 9 OC members as successor to the present OC, to represent all Owners to advance the two common objectives of (1) residents live happily and (2) investment appreciates in value”.

              2. Back-up proposal:  If the OC fails to act promptly to effectuate the joint petition above, to co-sponsor a resolution to be added to the agenda of the earliest future Owners’ Meeting to elect 9 OC members as successor to the present OC, to represent all owners to advance the two common objectives of (1) residents live happily and (2) investment appreciates in value.

              We wish you a Happy and Healthy New Year!

              Very truly yours,

              Group of Marinella Concerned Owners

              Yes! I agree to participate. (Please follow the green label below to complete a simple 3-step process).

              Reminder:  Before you proceed, please kindly doublecheck the following:

              (1) The contact: Save a copy of your WeChat QR code in your phone’s photo album so that you can upload it later. If your media account can be searched by the ID number, you may choose to leave the account ID only.

              (2) Printer: Please get it connected to print out the documents later.

              OK, now you may begin the sign-up process. Thanks for your kind attention.

              1. Sign up

              Joint Petition of Marinella Owners to Hold a New Election of the Owners’ Committee

              Given the large number of Owners, we wish to organize more effective communication on an ongoing basis, so as to provide better protection of our legal rights as owners. Please kindly provide your basic contact details to join the “Marinella Concerned Owners Group” on WhatsApp or WeChat, through which communication will be confined solely to property management matters. 

              If you own multiple units at Marinella, please kindly provide a separate sign-up for each unit (multiple sign-ups by the same owner is OK).

              Under the “Name” section, you can either enter your name or the way you prefer to be addressed (e.g. Mrs. Chan/陳太) 

              Thanks for all your help.

              Upload your contact details

              Please fill in your phone/WhatsApp number and upload your WeChat QR code. When the information is filled in and the documents for upload are ready (“100%” appears), click “Submit”. 

                2. Download document of authorization (select one from 2.1 or 2.2 below)

                【Kind Reminder】To raise the owners’ joint motion for the new election by the rule of minimum 5% shares, prior proxy to the volunteer owners is a secure and efficient way because a timely formal notice to add the joint motion into the agenda is essential. So, method 2.1 is highly recommended. Thanks!

                3. Upload the signed document (or deliver the originals to mailbox provided in the document of authorization)

                After the information is filled in and the document of authorization is signed, lay it flat and take a photo or scan it, then upload the document here. After the document to be uploaded has been selected (“100%” appears), click “Submit”.

                  Email

                  m9.concerned.owners@gmail.com

                  Please specify in your email your Marinella unit’s number (e.g. T2-2B), as well as your social media contact details (if available).

                  WeChat

                  WeChat ID: M9_concerned_owners

                  WhatsApp/Tel

                  +852-66603923

                  Thanks for your participation! More information for your reference in the following parts.

                  Q & A

                  The DMC Manager is Teamer Property Management Company (“Teamer”), a subsidiary company in the K. Wah Group. Teamer has delegated the property management of Marinella to Chissay (Property Management) Limited (“Chissay”), another subsidiary company in the K. Wah Group. In turn, Chissay has entered into a contract with Jones Lang LaSalle Management Services Ltd. (“JLL” or “management subcontractor”) to subcontract the property management of Marinella to JLL. The net result is that day-to-day management of Marinella falls into the hands of parties with whom the Owners have no direct contractual relationship. Teamer has consistently refused to disclose the subcontract between Chissay and JLL (see here), rendering it impossible for the Owners to hold the management subcontractor accountable for longstanding property management problems, such as routine cleaning services, ground level traffic control, and swimming pool management etc.

                  JLL refused to provide contact information of Owners to the OC – all communication from the OC to the Owners must be approved by JLL in advance before being sent out via JLL’s platform. In January 2021, JLL Senior Director Wesley Lau and Marinella property manager Ronny Lee bypassed the OC secretary to organize an OC meeting on 30 January 2021, where certain OC members were guided to initiate a resolution to convene an Extraordinary General Meeting to remove Mr. Kan, the OC chairman (see OC meeting notice). Three senior managers from the K. Wah Group were also invited to attend for the very first time. In effect, the OC was ambushed by JLL, a party with whom the Owners have no direct contractual relationship. Such an act of ambush by the management subcontractor seriously disrupted the smooth functioning of the OC, which was first established only 6 months earlier. Details of this meeting can be found in the approved pre-meeting record of the 30 January 2021 OC meeting and minutes of subsequent OC meetings, which can be obtained from the OC directly (marinella.oc.mail@gmail.com).

                  On 23 October 2021, 55 Owners co-signed a formal complaint letter (See here) , in which 13 specific problems of substandard property management were identified, and asked the OC to forward the complaint letter to Teamer. Teamer failed to reply to the Owners; instead, JLL the management subcontractor sent a non-committal response to Ms. Lu as the Owners’ representative (see here) with substantial items unaddressed (see here). After the Owners applied further pressure, Teamer itself finally responded by citing certain legal provision in the DMC as justifying that the earlier message from JLL to Ms. Lu was a sufficient response to the formal complaint letter co-signed by the 55 Owners, and that in the future Teamer would liaise only with the OC “on all matters” (See here).

                  Deprive owners of the right to access the OC meeting minutes by providing only the English Version (see here). Creation of a Marinella mobile phone APP was meant to facilitate Owners’ access to information on property management and OC’s deliberation. However, each Owner is required to submit a signed paper application before being allowed to download and open the APP. Since many Owners don’t live in Marinella themselves, and with other Owners who live here being away from Hong Kong in the Mainland or overseas due to the pandemic, no effort is made by the management subcontractor to enable convenient access by the disadvantaged Owners. OC meeting minutes emailed by the management subcontractor are set in a format that does not allow the Owner to open and read any attachment of interest by simply clicking the relevant link. Significant Owners’ complaints are regularly whitewashed by the management subcontractor into something more innocuous. For example, the formal complaint letter addressed to Teamer was re-characterized by the management subcontractor as “a letter of request”. “Failure to perform their oversight duties” was translated by the management subcontractor into “unable to carry out their work”. With the numerous small steps taken by the management subcontractor, it is inevitable that the Owners will always be kept in the dark. 

                  Substandard maintenance of the Common Parts of the property and long period of neglect by the management subcontractor has turn Marinella into a place full of eyesores wherever one cares to look, with the original tasteful design of Marinella totally unrecognizable today (see here). Defects during the construction phase now manifest themselves in quality problems inside Owners’ units (such as uncontrollable water leakage). Teamer failed to raise these construction defects with the developer in a timely manner in order to seek timely and effective remediation and indemnification, leaving the unfortunate Owners in endless distress. The construction warranty given by the developer to the Owners will expire in a few years’ time. As a subsidiary company of the developer, Teamer is in a serious conflict of interest position—we cannot expect Teamer to take the initiative to follow up on construction defects with the developer proactively. Once the developer’s warranty has expired, the Owners will suffer not only a sharp drop in the property’s market value due to a failure to rectify the construction quality issue, but also the high cost of repair that should have been the developer’s responsibility.

                  The observation and feedback from a number of Owners indicated serious breach of code of conduct by certain personnel appointed by the management subcontractor JLL. Although the management subcontractor knew about the breaches for a long time, it failed to take any action to address them. After repeated pressure from a group of concerned Owners, one problem personnel has been removed from Marinella, but other problem personnel still remain in Marinella.

                  rices for routine household repair services are exorbitant (see price list)—charging $1,000 for replacing a light switch that cost $300 if a repairman from the outside were used, and charging $100 for a $10 light bulb, etc. Household repair and maintenance regularly cost thousands to tens of thousands. Despite the joint complaint of substantial Owners, the management subcontractor makes no change but continues to blindly refer such work to outside contractors without doing any due diligence on price and quality (see the latest proposal). The goal of a property management company should be to help residents to enjoy living in Marinella, but the reality is that Marinella residents now live in constant distress caused by all types of household repair and maintenance headaches.

                  With the management subcontractor repeatedly interfering, disrupting and undermining the work of the OC, leading to the resignation of both OC chairman and secretary, silencing the voice of Marinella Owners has become a reality. Who will represent the voice of Marinella Owners? How will the voice of Marinella Owners be heard by the DMC Manager and the management subcontractor in the future? These important issues have been swept under the carpet.

                  With the resignation of both OC chairman and secretary, the only communication channel left between the OC and the Owners is the official email address of the OC, while other channels are controlled by the management subcontractor. As a result, the several social media groups set up by the former OC secretary have become the only uncensored channels for Owners to express their concerns about the substandard property management of Marinella. The remaining OC members rarely participated in the social media group’s discussion. Fearing that their voice didn’t reach the remaining OC members, the Owners presented a list of concerns and complaints about substandard property management at the Annual General Meeting held on 5 October 2021. Unfortunately, 4 months have passed and yet no OC member has reached out to the Owners to understand their concerns and complaints.

                  55 Owners took the initiative to communicate with the OC directly, by co-signing and sending a “Letter of Thanks and Petition” (see here) to the OC. In addition to thanking the OC for their hard work in the past, these Owners petitioned the OC to commence urgently an evaluation of the property managers appointed by the management subcontractor. Teamer has already committed to the OC that the DMC Manager would honor such an evaluation by the OC in order to improve the performance quality of the management subcontractor (see OC meeting minutes). After receiving the “Letter of Thanks and Petition”, the OC stayed quiet and failed to take any action to follow up – OC’s formal reply only acknowledged the Owners’ “letter of thanks” but didn’t mention the Owners’ “petition”, which was effectively “filtered” and “extinguished” by the OC.

                  During the final stage of the negotiation with the DMC Manager, the OC failed to proactively seek the input of the Owners, to ensure that the commitments secured from Teamer truly addressed the concerns of the Owners about substandard property management. Conflict of interest issue was disregarded by OC member. The OC made no effort to arrange the agenda of the Annual General Meeting in such a way as to elicit Owners’ views and concerns about substandard property management. The issue of the Two Letters (the Letter of Serious Demands and the Letter of Thanks and Petition) co-signed by 55 Owners was not addressed in the first OC meeting’s agenda after the AGM (see OC Meeting agenda) notwithstanding the rare attendance of Mr. Vincent Yeung from Chissay. Finally, after further pressure from the Owners, only the Letter of Serious Demands was included in the second OC meeting after the AGM as the last (16th) agenda, which the OC spent less than 7 minutes to go over without any discussion among the OC members about the problems presented in the letter, such as the divergence of the management’s proposal from the owners’ demands.


                  Ms. Ding is an owner living in Tower 1. She have been living in Hong Kong for decades. She believes that as long as owners unite as one and take timely and effective actions, the property management quality is expected to be improved in the long run.

                  Ms. Lu is one of the first-hand owners of Marinella. She is also the founder and administrator of the three main online chat groups of Marinella. The advantage of her diversified background as well as her fervent contribution have been widely recognized by the community. Here are her objectives: Comply with the law and the DMC. Revolve around the owners. Strengthen owners’ joint power. Defend owners’ mutual rights and interests.

                  Ms. Wang is an owner from Tower 2. Before she moved to Marinella in 2021, she lived in a large rail plus property developed by Sun Hung Kai company. With rich experience of high-quality property management, she hopes to contribute herself to enhancing the property management, which makes Marinella an upscale estate and a beautiful home.

                  Protect the rights of Marinella Owners. Residents live happily. Property appreciates in value.


                  Joint the volunteer team!

                  Your participation into our team is how the property management could be further improved!

                  You are very welcome to join us. Please leave us your telephone/WhastApp number or upload the WeChat QR code. Click the “submit” button after the upload is 100% completed.

                    WeChat:

                    WhatsApp

                    WhatsApp ID: +852-66603923

                    Email

                    m9.concerned.owners@gmail.com

                    Given a large number of Owners, we hope to establish a long-term and efficient communication channel with everyone to protect owners’ rights and interests in Marinella. Please note that all personal data will be kept by the administrators of Concerned Owners’ Group and will not be stored on the server of this webpage. Relevant personal information is only used for this joint petition. The Hong Kong Personal Data (Privacy) Ordinance will be followed in using and processing the personal data.

                    2022-01-29 backup【深灣9號業主聯名請求行動】要求補改選深灣9號業委會 誠邀閣下參加

                    誠意邀請您

                    For English version of the joint petition, please click here. 【English】

                    我們要:安居升值

                    業主朋友,您好!

                    我們是密切關注深9問題並一直為業主發聲的熱心業主群體,深灣9號物業管理差劣,相對可比物業,市價不升反跌。衆多業主此前業主大會上發聲,繼而55個單位業主聯合向管理公司提出系列嚴正要求、並促請業委會合法審議管理公司人士去留,從機制上制約不負責任之行爲,以重振業主之信心。惟現實是,業委會是業主目前合法和契約管理人交涉的唯一組織。業委會主席和秘書相繼辭職,亟需儘快補、改選。在業主們的權益受到不斷侵蝕的情況下,我們不能坐視自己的權益無法得到合法合理的保障而坐視不理、也不能聽任管理公司繼續不作爲了。

                    請您參與業主的聯名行動,要求業委會儘快進行補/改選。完善業主的溝通組織,强化業主們的核心力量,在一個更有效的平臺上推進業主們的共同目標,即,

                    業主安居生活,物業投資升值!

                    邀请函全文

                    我們是一群長期關注深9屋苑管理的業主。深9屋苑管理每況愈下,業主住戶發現屋苑管理問題長期得不到解決,而且與類似物業相比,市價已出現不升反跌的情況。

                    業委會是目前唯一有法律地位,可以代表業主整體與契約經理人天霸物業管理公司對接交涉的組織。深9的契約經理人沒有按照公契之明文規定,於2013年年底前建立首屆業委會,而是比公契規定的時間遲8年即2020年6月才去組織成立。現時業委會中的主席和秘書兩位成員已經辭職。

                    深9屋苑物業管理缺陷比比皆是,過往未得到妥善解決的事項不斷堆積,新的問題又接連產生。越來越有證據顯示,深9管理的問題,如不及時妥善全面處理,可能會是涉及屋苑樓宇結構、治安等根本性的層面。深9本具有地標性的位置和市場定位,而屋苑因得不到妥善管理,已讓居住者不能盡享其山海風情,業主的投資價值也處於風險當中。其中管理差劣根源問題包括:

                    (1) 天霸、捷盛、仲量聯行等的層層代理的關係,成爲公契經理人推卸責任及模糊業主視綫的主要風險;
                    (2) 操控業委會與業主之間的通訊橋梁,插手業委會內部事務,嚴重破壞業委會內部和諧;
                    (3) 巧用法律條文做護身符,利用業委會做避風港,公然漠視55個物業的聯名嚴正要求;
                    (4) 上演各種精心佈局,不斷蠶食業主的知情權和利益;
                    (5) 公共區域物業保養差劣,單位物業內部質量問題未能及時徹底維修和索償;
                    (6) 縱容道德淪喪之行爲,嚴重影響業戶人生安全並打擊員工士氣;
                    (7) 家居服務漫天開價,業戶生活嚴重困擾。

                    深9業主們雖為法律上的業主,但人數衆多較難統一意見和協調,反而現時地位被動和弱小,在成立業主立案法團之前,所有的渠道和平臺都受到管理公司的嚴密控制。唯一有法律對等地位的的業委會在被外部不停幹預滲透的同時,自身也存在諸多問題:

                    (8) 主席和秘書辭職多時,業委會無人交代,群龍無首下業主們陷入茫然甚至毫不知情;
                    (9) 業委會連接業主的橋梁閉塞,業主自尋代表發聲但求自保;
                    (10) 55個單位請求審議仲量人士去留以振民心,聲音經過業委會過濾後“被和諧”、“被消失”;
                    (11) 重要事項不在公契框架內公開透明地審議,為不負責任之行爲營造空間。

                    各位業委過去的辛勤工作及努力,業主們有目共睹及由衷感謝。惟深9業主們相互睦鄰禮儀尊重之餘,其共同緊急要務,是以業委會作爲有效運用其目前公契所定的唯一的法律地位,並落實來之不易的談判成果,從根本上遏制管理公司不負責任之行爲。大群業主集體提出人士去留審議的請求,是為業委會撐腰打氣強化共同力量。

                    無數在香港和外地的案例證明,只有業主們有效及時全面監管的屋苑,其管理才可以做到責任落實、業主與物管公司的關係才可以建立在合法合情合理的基礎上,屋苑樓宇設施得到合理維護保固,各業主的投資有管理上的保障、各住者有安全文明舒適優美的環境。契約經理人借深9目前只有業委會的現狀,已明文規定只有業委會才是業主整體唯一合法的溝通渠道。所以即便業主群體的人數眾多,對方也可以完全不放入眼內,因此各業主需要一個真真正正代表我們的業委會:

                    一個積極互動聆聽、團結業主的業委會;
                    一個維護業主權益、遵循民意的業委會;
                    一個議事透明公正、遵循公契的業委會;
                    一個洞悉複雜時局、果敢行動的業委會;
                    一個快速向前推進、邁向理想的業委會。

                    是選擇“被和諧”還是“求變革”?我們深信,只要瞄準深層次矛盾和果斷行動,定能從根本上治理表面的亂象,不會被只著眼每年300多萬蠅頭小利的商業圖謀疾礙我們引以爲傲、市場價值一百多億的深灣9號釋放光彩和價值。如果您與我們懷有共同的信念,我們誠意邀請您與我們建立聯係(方式見網頁最後),並加入我們的聯名簽署行動,内容為:

                    1. 主要方案:聯名請求業主委員會按照公契第12.6條的規定,盡快召開特別業主大會選出九位業委會委員,作為現今業委會的繼任人。
                    2. 後備方案:假如業委會沒有及時實現上述聯名請求的話,發起業主聯名議案,把該議案加入未來最早召開的業主大會議程之中,選出九位業委會委員,作為現今業委會的繼任人。

                    本次聯署,就是把上述兩個方案一次性授權給我們或您指定的代表,以便能在最早可能的時間召開業主大會,從而選出真真正正代表廣大業主的業主委員,以致力推動如下兩大目標: 居民安居生活、物業投資升值!

                    再次感謝並祝願大家在新的一年平安喜樂、萬象更新!

                    順頌

                    時祺

                    深9熱心業主群體

                    好!樂意參加(先備好以下文件)

                    (1)備好微信/WhatsApp的二維碼圖片,或賬號號碼,隨後上載建立聯係(如您的微信賬戶可以用手機號碼搜尋到,則只需留下微信賬號手機號碼);

                    (2)連接打印設備,隨後將需簽署文件。

                    備好後,即可正式開始了。

                    共三步驟:

                    1. 報名

                    上傳您的聯絡方式

                    請填寫您的電話/WhatsApp號碼,及上傳您的微信二維碼。填寫和上傳文件準備好(顯示100%)後,點擊“提交”按鈕。

                      2. 下載、打印和簽署文件(下列方式2選1)

                      【溫馨提示】爲了早日實現儘快補、改選,如果現任業委會沒有在近期召開業主大會,我們需要引用提前授權、啓動公契中規定5%業權發動聯名議案於業主大會表決,是推進補、改選的方式有效方式。如您以2.1授權方式提前簽署好文書,則如果需要下次業主大會前“第一時間”集體提出改選議案、則更爲方便。因爲授權的議題單一及簡單、建議考慮采用2.1方式。感謝!

                      3. 上傳已簽署文件(或原件交回文件中所提供义工信箱地址)

                      已填好、簽署妥當的授權文件,平整照相或掃描后,這裏上傳。選取的上傳文件準備好(顯示100%後,點擊“提交”按鈕)。

                        電郵

                        m9.concerned.owners@gmail.com

                        郵件内容請注明您的單位號,及社交媒體聯係方式(如有)。

                        微信

                        微信賬號: M9_concerned_owners

                        WhatsApp/電話

                        WhatsApp ID: +852-66603923

                        多謝您的參與!
                        後面内容更加豐富。

                        焦點問題Q & A

                        契約經理人是嘉華集團的子公司“天霸物業管理有限公司”,該公司把深9物業管理交給嘉華另一子公司“捷盛物業管理公司”並以合約形式外包至“仲量聯行物業管理公司”。天霸一直拒絕公開最重要的外包合同以便不受監管(點擊查看),長期把日常管理事宜交給與業主沒有契約關係的代理人(捷盛、仲量)處理,導致代理人的管理表現沒有法律代價,各種管理問題得不到長期妥善治理,如日常清潔、地面交通和泳池管理等。

                        仲量拒絕向業委會提供業主聯係方式,業委會目前與全體業主發佈資訊要先得到仲量認同才能通過其平臺發放。2021年1月,仲量高級經理Wesley 劉先生及物業經理Ronny李先生繞過業委秘書組織會議的職能,另行組織個別業委成員參與推動召開特別業主大會罷免業委會主席離開整個業委會的動議(見會議通知),並請來從未出席過業委會的嘉華公司三大經理來參會,造成業委會內部動蕩。詳細過程已記錄在經核實之2021年1月30日的會前記錄以及隨後的業委會會議記錄,可聯係業委會(marinella.oc.mail@gmail.com)取閲。

                        55個物業的業主自行聯合並於2021年10月23日通過業委會向公契經理人天霸物業管理公司正式提出13點“嚴正要求信”(點擊看原信),天霸沒有在限期即同年11月9日前按要求回復全體業主,而是利用仲量聯行以空頭支票式的方案(點擊看方案)只發給業主代表一人。後經多次施壓,天霸才出現,但方案仍未完全按照業主的要求改進,並最後引述公契條文正式表示與55個單位的溝通告一段落,日後只會與業委會往來“一切事宜”(點擊看文件)。

                        業委會會議記錄多次只向業主提供英文版,沒有中文版(見手機App截圖)。手機APP的開通本身有利業主及時瞭解業委會的動向,應該仿效坊間做法自動配對個人資料後自動開通,如今需要業主親自寫紙申請,無視大量非自住的業主及疫情原因無法回來之業主的需要提供便利的開通方式。同時,暴露管理問題的會議記錄深藏在APP的第3層目錄;含超級鏈接的會議記錄通知文件以圖片格式電郵發送,使業主無法直接點擊鏈接打開會議記錄;業委會的壁布版被放置在大堂不起眼之地方;對管理公司的指控,曾多次改變文書原意,如業主的聯署信原本是“嚴正聲明信”,被管理公司改成“請願信”,“failure to perform their oversight duties”翻譯成”未能履行的工作”。以上方式讓業主獲取真實資訊的難度增加。

                        公共區域保養維修質量低劣,到處滿目蒼夷,設計品味蕩然無存(點擊查看圖庫)。單位內部因前期内外工程質量低劣問題對業戶產生嚴重困擾,而天霸沒有向發展商及時跟進索償及保證後續質量。如今部分公共區域保養期臨近,在利益與發展商嚴重衝突下,天霸按照預期不可能有誘因積極幫業主跟進。一旦保養期過去,業主們不但要承受物業質量下降的市場損失,還要承擔高昂之維修成本。

                        根據多個業主渠道的觀察和反饋,仲量公司個別員工有嚴重個人道德問題,管理層在知情下一直沒有進行處理,負面影響到個別住戶和部分員工。後經一批業主共同施壓下,某問題員工方離職,但剩餘的問題員工目前仍然在位。

                        小型家居服務維修費用高昂(見報價),市場上300元換電開關的事情要價1000元,10元的光管,居然要100元等。其他家居維修費用動輒成千上萬,在業主聯合要求下,管理公司仍只管外判,不理品質和價格(見回應方案)。其只顧圖利,致使業戶大小事務皆要自己勞心勞力,違背便民安居之應有理念。

                        第一屆業委會主席和秘書辭任多時,業主們自身力量被削弱已成事實,但成員爲何辭職、各方議事溝通機制如何開展、如今貫徹的理念是什麽、工作分配如何進行,與民同步是否受阻等,業委會一直未正式向全體業主交待。

                        現今業委會與業主溝通的橋梁被管理公司控制,僅靠一個電郵被動溝通,曾長期負責3大網絡社群與民溝通的秘書辭職後,剩下在群的3位業委鮮有就物業管理問題與業戶互動。業主唯有在業主大會上透過自己的代表去發聲,懇請業委會加強與民溝通,但會議結束近4個月,未見業委會有行動加強溝通,業主們提出的系列訴求業委會也一直無人出來接觸業主具體瞭解。

                        55個單位的業主聯名以“感謝和請求信”(點擊看原信)主動與業委會溝通,除了特別感謝之餘,重點是請求儘快啓動行駛公契經理人賦予業委會審議仲量聯行各職級人事去留並進行決議向天霸要求執行的權利(見會議記錄),以重振廣大業主的信心。對此,業委會一直保持沉默,在最後的正式回復中把業主們的“感謝和請求信” 刪減成“感謝信”,要求儘快啓動人士去留審議之請求事項消失了。鏈接“兩信”原件(即“嚴正要求信”和“感謝和請求信”)的鏈接和二維碼一直是處於無法鏈接的狀態(見公佈文件)。

                        管理合同談判進入到最後關鍵的審議階段沒有在公契約定的正式會議上進行,關鍵決策的審議是否合符民意、利益衝突如何規避、周年業主大會的會議議程是如何安排等,沒有會議記錄供業主參考瞭解。“兩信” (即“嚴正要求信”和“感謝和請求信”)事項在業主大會上口頭提出及之後再次書面提出後,沒有在隨後的第一次業委大會上被加入會議日程(見會議日程),並在捷盛楊狄麟先生一行人在業主施壓下到場參會的良機下,業委會也沒有人提出“兩信”事項從并代表55戶進行正式交涉。後來在業主們再次施壓下,其中的一封“嚴正聲明信”被修飾成“請願信”後才被編排到2021年11月29日業主大會后第二次業委會最後一個議事項目(第16項)(見會議通知),全程用了不到7分鐘,當中業委除了指導管理公司如何出具授權文書外,卻並未有對信中的內容和進展進行內部討論,例如管理公司提出的提升方案貨不對板的問題。

                        Tina是1座業主,在港生活幾十年。丁女士相信,只要業主上下團結一心並採取及時有效的行動,深灣9號物業管理水平才有希望長遠提升。

                        Virginia是深9第一批業主及深9三大網絡社群的創始人和管理人,植根國内和香港多年,多元化的背景和熱心爲民的做事方式贏得各界多年的信賴。她的目標是:遵守法律和公契,以業主爲中心,團結業主的共同力量,捍衛業主的共同權益!

                        Lucy是2座業主,2021年搬入深灣9號,之前居住於大型地鐵上蓋新鴻基物業,對於高質素物業管理有較深刻體會,希望能與廣大業主們一起,為提升深灣9號的物業管理出一份力,將深灣9號變成我們更加美好高尚的家園。

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