(D) Owners' Corporation

(I) Arranging for the formation of owners' corporation
Q1: What services can be obtained from the Land Registry when dealing with owners' corporation matters?
Q2: How to form an owners' corporation?
Q3: If the number of members of the management committee is below the statutory requirement, can an owners' corporation be formed?
Q4: Is it true that only owners may be appointed as members of the management committee at the meeting of owners?
Q5: May we get records of owners from the Land Registry free of charge for the purpose of forming an owners' corporation?
Q6: Is it compulsory for the owners of a building to form an OC?

(II) Application for registration of an owners' corporation
Q1: Is it necessary for both the chairman and the secretary to attend the Land Registry for submission of the application?
Q2: Where can we obtain the application forms?
Q3: In submitting the application, who shall make the declaration?
Q4: A copy of the registered deed of mutual covenants (if any) has to be accompanied with the application. Where can I get the copy?
Q5: In submitting an application, is it necessary to produce a record of meeting of owners?
Q6: In submitting an application, is it necessary to provide the appointed form of convenor of the owners' meeting?
Q7: How long does it take for the application to be approved?
Q8: What are the fees for the application?
Q9: What documents should I submit for applying for registration of an owners' corporation?
Q10: How to make a declaration?
Q11: Can the chairman or the secretary authorize other person to collect the certificate of registration of a corporation?
Q12: Can we submit the application after 28 days of the appointment of the management committee?
Q13: In case the application for registration of owners as a corporation is rejected, is it necessary to pay any fees?
Q14: Can the owners appoint a vice-chairman at the owners' meeting?

(III) Matters after formation of an owners' corporation
Q1: If we encounter problems after the formation of an owners' corporation, whom should we approach for enquiry?
Q2: Is there any need to submit records of meetings to the Land Registry for filing?
Q3: The secretary of the management committee has to submit the required Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)within 28 days to the Land Registrar. In case there is delay in the submission, what is the result?
Q4: Is it necessary to give notice to the Land Registry for any changes of members of the management committee?
Q5: How to amend the registered particulars of an owners' corporation?
Q6: Where should we submit the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)?
Q7: Can we submit the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) by mail?
Q8: After we have submitted the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) and paid the prescribed filing fee of $58 to the Land Registry, how can we know that the owners' corporation records have been updated?
Q9: May we complete the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) in Chinese?
Q10: Can the chairman sign the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)?
Q11: Can the owners' corporation forbid the owners from selling the property?
Q12: If the owners default in paying the management fees, can the Land Registrar forbid the defaulting owners from selling their properties?
Q13: If the management company fails to perform its duties, can the Land Registry provide any help?
Q14: If the members of management committee are always absent from the meeting of the management committee, what can we do?
Q15: If the performance of the management committee is not satisfactory, what can we do?
Q16: If an existing member of the management committee "MC" is re-appointed under paragraph 5(2) of Schedule 2 to the BMO, does he have to hand in a fresh declaration form?
Q17: If the secretary or treasurer of a management committee "MC" is not a member of the MC, does he have to hand in a declaration form?
Q18: If a member of the management committee "MC" is a body corporate, does such member have to hand in a declaration form?
Q19: What should a member the management committee "MC" do if a change occurs in any matter stated in his declaration form?
Q20: What is the consequence if a member of the management committee "MC" fails to lodge his declaration form with the secretary of the MC within the stipulated time limit under paragraph 4(3) of Schedule 2 to the BMO? Will such person be deemed as member of the MC again if he lodges the declaration form after the stipulated deadline?
Q21: If the chairman or secretary of the management committee is a body corporate, is its authorized representative required to stamp the chop of the body corporate on the documents submitted to the Land Registry?
Q22: Is the owners' corporation required to notify the Land Registrar after it has effected a policy of insurance?
Q23: Is the owners' corporation required to notify the Land Registrar if there is any change in the policy of insurance?



(I) Arranging for the formation of owners' corporation
Q1: What services can be obtained from the Land Registry when dealing with owners' corporation matters?
A:

Under the provisions of the Building Management Ordinance, the Land Registry processes and approves applications for the registration of owners' corporations, issues certificates of registration, files Notices of Change of Particulars/Notices of Policy of Insurance of owners' corporations and maintains a register of owners' corporations for public search. Information on owners' corporations matters can also be obtained from the District Offices and the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society (http://bmms.hkhs.com).

Q2: How to form an owners' corporation?
A:

Please refer to the booklet "How to form an Owners' Corporation" (www.buildingmgt.gov.hk/en/formation_of_owners_corporation/4.htm) issued by the Home Affairs Department (HAD) for a comprehensive guide.

You may also approach the District Office and the District Building Management Liaison Teams of Home Affairs Department (www.had.gov.hk) ,the Property Management Advisory Centre of the Hong Kong Housing Society (http://bmms.hkhs.com) and/or the Reports on Title and Owners Incorporation Section of the Land Registry (www.landreg.gov.hk/en/contact/contact.htm) for assistance. Please note that the Building Management (Amendment) Ordinance has come into effect since 1.8.2007.

Q3: If the number of members of the management committee is below the statutory requirement, can an owners' corporation be formed?
A: If the number of members of the management committee is below the statutory requirement, an owners' corporation cannot be formed.
Q4: Is it true that only owners may be appointed as members of the management committee at the meeting of owners?
A: Yes, members of the management committee including the chairman and vice-chairman appointed at the meeting of owners should be registered owners of the building. However, the secretary and treasurer of the management committee need not be registered owners of the building as they need not be members of the management committee.
Q5: May we get records of owners from the Land Registry free of charge for the purpose of forming an owners' corporation?
A: Convenors of the meeting of owners may apply to the relevant District Offices for obtaining records of owners free of charge. Please contact District Offices for details.
Q6: Is it compulsory for the owners of a building to form an OC?
A: There is no legal obligation for the owners of a building to form an OC, but it has always been the government's policy to encourage owners to form an OC for effective building management.
(II) Application for registration of an owners' corporation
Q1: Is it necessary for both the chairman and the secretary to attend the Land Registry for submission of the application?
A: As the application documents have to be completed and signed by the chairman and the secretary, it would be desirable for both of them to attend the Land Registry for submission of the application. They may contact the relevant Land Registry office (www.landreg.gov.hk/en/contact/contact.htm) to make an appointment that is convenient to them.
Q2: Where can we obtain the application forms?
A: The application forms are available at the Land Registry (www.landreg.gov.hk/en/contact/contact.htm) and can be downloaded from this website.
Q3: In submitting the application, who shall make the declaration?
A: According to the Building Management Ordinance, either the chairman or the secretary shall make the declaration.(The declaration may be made at the Land Registry or District Offices)
Q4: A copy of the registered deed of mutual covenants ("DMC")(if any) has to be accompanied with the application. Where can I get the copy?
A:

Please conduct a land search at any Land Registry Search Offices or on the Internet at (www.iris.gov.hk) in the following steps:

  • Check for the memorial no. of the DMC in the land register
  • Obtain a copy of the DMC by quoting the memorial no.
Q5: In submitting an application, is it necessary to produce a record of meeting of owners?
A: No. It is not required in general.
Q6: In submitting an application, is it necessary to provide the appointment form of convenor of the owners' meeting?
A: No, it is not necessary.
Q7: How long does it take for the application to be approved?
A: The processing of the application may take 1 to 3 months depending on individual cases.
Q8: What are the fees for the application?
A:

The application fees may include the following:

For the issue of a certificate of registration of a corporation. $1,300
For the issue of a duplicate certificate of registration of a corporation (if required). $79
For the filing of application. $58
For the filing of each copy of the deed of mutual covenant (if any). $58
For the filing of resolution $58
For the filing of declaration (each copy). $58
Q9: What documents should I submit for applying for registration of an owners' corporation?
A: Apart from the application in prescribed form, the following are required:
(1) a copy of the registered deed of mutual covenant (if any);
(2) a copy of the resolution for the appointment of the members of the management committee, chairman, vice-chairman (if any) , secretary and treasurer duly certified by the secretary or chairman;
(3) a declaration of compliance made by the chairman or the secretary in the prescribed form (the oath may be made before a Commissioner for Oath of the Land Registry or District Offices).
(4) a declaration by each member of the management committee in the prescribed form (the oath may be made before a commissioner of oath at the Land Registry or District Offices).
The secretary is required to provide a confirmation on lodgment of declaration. The confirmation form can be downloaded from this websites.
Q10: How to make a declaration?
A: Either the chariman or the secretary may attend the office of Land Registry of the respective district or District Offices in which the building to form an owners corporation located for making the declaration. The chairman or the secretary may make appointment with the Land Registry for submission of the application. If the chairman or secretary is a body corporate, the representative has to bring the company chop for stamping on the application documents.
Q11: Can the chairman or the secretary authorize other person to collect the certificate of registration of a corporation?
A: The chairman or the secretary may make appointment with the relevant office of the Land Registry for collection of the certificate of registration of a corporation. Moreover, he/she may authorize other person in writing to do so.
Q12: Can we submit the application after 28 days of the appointment of the management committee?
A: According to the provisions of the Building Management Ordinance, the applicant shall submit the application within 28 days of the appointment of management committee.
Q13: In case the application for registration of owners as a corporation is rejected, is it necessary to pay any fees?
A: No.
Q14: Can the owners appoint a vice-chairman at the owners' meeting?
A: The owners may, by resolution, appoint a person from amongst the members of the management committee, as the vice-chairman of the management committee.
(III) Matters after formation of an owners' corporation
Q1: If we encounter problems after the formation of an owners' corporation, whom should we approach for enquiry?
A: For questions on filing and search of the owners' corporation records, you may call the Land Registry enquiry no. at 3105 0000 (Press 5). For internal affairs of the owners' corporation or matters involving legal issues, you may approach the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society for advice.(http://bmms.hkhs.com)
Q2: Is there any need to submit records of meetings to the Land Registry for filing?
A: No, it is not necessary.
Q3: The secretary of the management committee has to submit the required Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)within 28 days to the Land Registrar. In case there is delay in the submission, what is the result?
A: According to section 12(4) of the Building Management Ordinance, if the secretary of the management committee fails to submit the required Notice of Change of Particulars/Notice of Policy of Insurance within the 28 days period, he/she shall be guilty of an offence and shall be liable on conviction to a fine of $100 for each day during which the contravention continues.
Q4: Is it necessary to give notice to the Land Registry for any changes of members of the management committee?
A: Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) of the chairman, vice-chairman (if any), secretary, treasurer or members of the management committee has to be submitted to the Land Registry.
Q5: How to amend the registered particulars of an owners' corporation?
A: File a Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) in the office of the Land Registry (www.landreg.gov.hk/en/contact/contact.htm) which issued the certificate of registration of owners' corporation.
Q6: Where should we submit the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)?
A: The Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)(pdf format) should be submitted to the office of the Land Registry (www.landreg.gov.hk/en/contact/contact.htm) which issued the certificate of registration of owners' corporation.
Q7: Can we submit the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) by mail?
A: Yes. The completed Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) may be submitted to the Land Registry together with the prescribed filing fee of $58 by mail. The payment should be made by a crossed cheque and made payable to the Government of the Hong Kong Special Administrative Region.
Q8: After we have submitted the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) and paid the prescribed filing fee of $58 to the Land Registry, how can we know that the owners' corporation records have been updated?
A: Upon receipt of the Notice for filing, the Land Registry will update the Register of Corporations in accordance with the Notice and file the Notice in the corporation file of the ownersˇ¦ corporation concerned. Both the Register of Corporations and the corporation file are available for public inspection upon payment of the prescribed fees.
Q9: May we complete the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) in Chinese?
A: Yes. Please state the English names of the members of the management committee as well in order to facilitate checking of the names of the members of management committee.
Q10: Can the chairman sign the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124)?
A: No. The prescribed form of Notice of Change of Particulars/Notice of Policy of Insurance (LR 124) has to be signed by the secretary.
Q11: Can the owners' corporation forbid the owners from selling the property?
A: Please seek advice from your solicitors.
Q12: If the owners default in paying the management fees, can the Land Registrar forbid the defaulting owners from selling their properties?
A: The Land Registrar is not empowered by law to forbid the owners from selling their properties. Please seek legal advice from your solicitors or you may approach the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society for advice.(http://bmms.hkhs.com)
Q13: If the management company fails to perform its duties, can Land Registry provide any help?
A: The Building Management Ordinance does not empower Land Registrar to intervene with the internal affairs of the owners' corporation. Owners may approach the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society for advice and assistance.(http://bmms.hkhs.com)
Q14: If the members of management committee are always absent from the meeting of the management committee, what can we do?
A: Please approach the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society for advice and assistance.(http://bmms.hkhs.com)
Q15: If the performance of the management committee is not satisfactory, what can we do?
A: Please approach the District Building Management Liaison Teams of the Home Affairs Department (www.had.gov.hk) or the Property Management Advisory Centre of the Hong Kong Housing Society for advice and assistance.(http://bmms.hkhs.com)
Q16: If an existing member of the management committee "MC" is re-appointed under paragraph 5(2) of Schedule 2 to the BMO, does he have to hand in a fresh declaration form?
A: Yes, According to paragraph 4(3) of Schedule 2 to the BMO, with the exception of tenant's representative, every member of the MC appointed (no matter such member is new to the MC or is an existing member) shall lodge with the secretary of the MC a declaration form within 21 days after the appointment.
Q17: If the secretary or treasurer of a management committee "MC" is not a member of the MC, does he have to hand in a declaration form?
A: No. Only members of a MC have to hand in declaration forms. If the secretary or treasurer of an MC is not a member of the MC, he is not subject to the requirements on qualifications of MC members and neither does he need to hand in a declaration form.
Q18: If a member of the management committee "MC" is a body corporate, does such member have to hand in a declaration form?
A: Yes. If a body corporate is appointed as a member of the MC, that body corporate may appoint a person to act as its representative for the purposes of the BMO, as if such representative were a member of the MC in his own right. Such representative, just like other members of the MC, shall lodge with the secretary of the MC a declaration form within 21 days after the appointment.
Q19: What should a member of the management committee "MC" do if a change occurs in any matter stated in his declaration form?
A: If a change occurs in any matter stated in the declaration form, then the person who made the declaration shall, within 21 days after the change occurs, lodge with the secretary of the MC another declaration stating the particulars of the change.

Owners may obtain the statutory declaration form (L.R. 170) from Land Registry Offices or District Offices. They may also download the forms from the following websites -

www.landreg.gov.hk
www.buildingmgt.gov.hk
Q20: What is the consequence if a member of the management committee "MC" fails to lodge his declaration form with the secretary of the MC within the stipulated time limit under paragraph 4(3) of Schedule 2 to the BMO? Will such person be deemed as member of the MC again if he lodges the declaration form after the stipulated deadline?
A: If a member of the MC fails to lodge the declaration form within the stipulated time limit (i.e. 21 days after the appointment), then according to paragraph 4(4) of Schedule 2 to the BMO, such member shall cease to be a member of the MC.
Q21: If the chairman or secretary of the management committee is a body corporate, is its authorized representative required to stamp the chop of the body corporate on the documents submitted to the Land Registry?
A: The authorized representative of the body corporate is required to stamp the chop of the body corporate on the Notice of Change of Particulars/Notice of Policy of Insurance (LR 124), the Application for Registration of Owners as a Corporation (LR 164) and the Resolution (LR 167) submitted to the Land Registry.
Q22: Is the owners' corporation required to notify the Land Registrar after it has effected a policy of insurance?
A: The secretary of the management committee should, within 28 days after the owners' corporation has effected a policy of insurance, give notice of the name and address of the insurance company and the period covered by the policy of insurance to the Land Registrar in the specified form "Notice of Change of Particulars/Notice of Policy of Insurance" (LR 124).
Q23: Is the owners' corporation required to notify the Land Registrar if there is any change in the policy of insurance?
A: The secretary of the management committee should give notice to the Land Registrar in the specified form "Notice of Change of Particulars/Notice of Policy of Insurance" (LR 124) within 28 days of the date of any change in the name and address of the insurance company and the period covered by the policy of insurance.