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Author: bruno
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
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.
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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!
2.1 Signed by a proxied person(recommended)
2.2 Signed by the Owner directly (2nd signing needed to raise the joint motion by the 5% shares rule)
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”.
Alternatively: Use one of the other methods below to upload/submit
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 ID: M9_concerned_owners
WhatsApp/Tel
+852-66603923
Thanks for your participation! More information for your reference in the following parts.
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Q & A
1. How does the delegation and sub-delegation of property management responsibility work? Why does it create a risk of the DMC Manager becoming unaccountable to the Owners?
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.
2. How did the management subcontractor control the communication channel between the OC and the Owners, interfere with OC’s internal deliberation, and seriously disrupt the smooth functioning of the OC?
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).
3. How did the DMC Manager openly disregard a formal complaint letter co-signed by 55 Owners, by using a clever legal interpretation to hide behind the OC?
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).
4. How did the management subcontractor keep the Owners in the dark and cause a continuous erosion of their rights?
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.
5. How serious is the substandard maintenance of the Common Parts of the property? And how does it impede the timely remediation and indemnification of quality problems inside Owners’ units?
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.
6. How did the management subcontractor fail to enforce a personnel code of conduct that resulted in personal safety issue to residents and poor morale among Marinella staff members?
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.
7. Examples of the management subcontractor charging exorbitant prices for routine household repair services and causing residents to live in constant distress.
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.
8. Both OC chairman and secretary have resigned for months and a lack of leadership results in Marinella Owners continuously kept in the dark.
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.
9. How was the communication channel between the OC and the Owners blocked? Why Marinella Owners have to find other ways for their voice to be heard?
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.
10. How was the formal petition co-signed by 55 Owners to evaluate the property managers appointed by the management subcontractor “filtered” by the OC and effectively “extinguished”?
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.
11. How did the OC’s lack of transparency in the review of important matters help make room for irresponsible behavior on the part of the management subcontractor?
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.
Owner-volunteers (listed in the alphabetical order of their surnames)
Mr. Simon Chen 陳先生
Ms. Tina Ding 丁女士
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. Virginia Lu 呂女士
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. Lucy Wang 王女士
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.
Mr. Winston Zee 徐先生
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.
Contact us
WeChat:
WhatsApp ID: +852-66603923
m9.concerned.owners@gmail.com
Personal Data Collection Statement
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!
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
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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!
2.1 業主授權委托簽署(推薦)
2.2 業主本人簽署 (如果需要啓動聯名議案,需要到時再次安排簽字)
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)。
或者:選用以下其中一個關注組聯係方式上傳
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
1. 管理方存在什麼層層代理的關係?如何成爲公契經理人推卸責任及模糊業主視綫的主要風險?
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。
2. 管理公司如何操控業委會與業主之間的通訊橋梁,插手業委會內部事務及破壞內部和諧?
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。
4. 管理公司如何上演各種精心佈局,不斷蠶食業主的知情權和利益?
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。
5. 公共區域物業保養有什麼問題?單位物業內部質量問題如今和未來會怎樣?
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。
6. 管理公司如何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?
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。
8. 主席和秘書辭職多時,業委會無人交代,群龍無首下業主們茫然甚至毫不知情具體如何?
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。
9. 業委會連接業主的橋梁如何閉塞,業主爲什麽自尋代表發聲但求自保?
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。
11. 業委會哪些事項沒在公契框架內公開透明地審議,如何為不負責任之行爲營造空間?
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。
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Simon Chen 陳先生
Tina Ding 丁女士
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 Lu 呂女士
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 Wang 王女士
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。
Winston Zee 徐先生
深9業主團結起來,實現安居升值。
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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
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