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I'm trying to understand the legal meaning of "To maintain the current leases to all owners..." which is part of the memorandum of our freehold company.
Does "maintain" mean that they have to bill in accordance with the lease?
And does it mean that they have to comply with the statutory protections of the L&T act?
If there is a conflict, i.e. an entry in the articles that bestows a liability under the articles, would that be overridden by the requirement to maintain the lease. The entry in the articles is a cut and paste from the lease.
Any legal guys care to verify/comment?
I'm aware of moreshead mansion, however, this is different in that in this case the liability under the articles arises at the same time as the liability under the lease and you can't have two liabilities for one expenditure... And you cannot take one in isolation.
Does "maintain" mean that they have to bill in accordance with the lease?
And does it mean that they have to comply with the statutory protections of the L&T act?
If there is a conflict, i.e. an entry in the articles that bestows a liability under the articles, would that be overridden by the requirement to maintain the lease. The entry in the articles is a cut and paste from the lease.
Any legal guys care to verify/comment?
I'm aware of moreshead mansion, however, this is different in that in this case the liability under the articles arises at the same time as the liability under the lease and you can't have two liabilities for one expenditure... And you cannot take one in isolation.
