(C) Owners' Corporations

Guidance Notes for Persons Applying for the Incorporation of an Owners' Corporation at the Land Registry

PURPOSE

• The aim of the notes is to advise persons desirous of forming an owners' corporation of the steps that need to be taken. It should be read in conjunction with the booklet "How to form an Owners' Corporation (PDF format) issued by the Home Affairs Department. (www.had.gov.hk).

ACTIONS BEFORE APPLYING FOR INCORPORATION

• Home Affairs Departments assists owners of multi-storey buildings in the formation of owners' corporations. Owners who are desirous of forming an owners' cooperation should seek advice from District Offices visit the Homepage on Building Management of the department at http://www.buildingmgt.gov.hk/.
• Arrange for the meeting of owners to be convened in accordance with s.3 (1), s.3A (1), s.4 (1) or s.40C of the Building Management Ordinance ("the Ordinance").
• Obtain the land registers with records of current owners from the Land Registry. Search fees of such records may be waived through application to District Offices.
• Arrange the place of meeting. Prepare a notice of meeting to all owners.

APPLICATION FOR INCORPORATION

• The application for incorporation must be submitted to the Land Registrar within 28 days of the appointment of the Management Committee (s.7(1) of the Ordinance).
• The application, in the prescribed form, must be accompanied by the following documents:-
  • A copy of the registered Deed of Mutual Covenant (if any) of the building.
  • A certified copy of the resolution for the appointment of a management committee and its chairman, vice-chairman (if any) and the secretary and treasurer.
  • A declaration of compliance with the Ordinance in the prescribed form.
  • A declaration by each MC member that he does not fall within the description of paragraph 4(1)(a) or 4(1)(b) of Schedule 2 of the Ordinance.

  The secretary shall submit confirmation lodgment of declaration. The confirmation form can be downloaded from this website.

  (If the owners' corporation is formed under s.3A(1), s.4(1) or s.40C of the Ordinance, a copy of relevant order as issued by the Secretary for Home Affairs of the Lands Tribunal should be submitted.)

• Preferably both the chairman and secretary of the management committee should come to the Land Registry in person to complete and sign the application, certify the resolution and make the declaration. (the oath may be made before a commissioner of oath of Land Registry or District Offices)
• If the chairman or secretary is a company, the representative of the company should bring along the company chop for stamping on the forms.
• In order to save your time, please make an appointment for submission of the application.
• Submit the application to the appropriate Land Registry office. The addresses of the Land Registry offices are:-
  
  

TIME

• The time required for completing the incorporation process ranges from 1 to 3 months depending on individual cases.
• If you need the incorporation within 1 month, you should state in writing the reasons for the urgency at the time of submission of the application.

RESULT OF APPLICATION

• If your application is approved, a Certificate of Registration will be issued to you upon payment of the prescribed fee.
• The effective date of incorporation is the date of issue of the Certificate of Registration by the Land Registrar.
• The names of the owners' corporation and the office bearers of its management committee will be entered in the register of corporations kept in the relevant Land Registry office.

ENQUIRIES

• If you have any enquiries, please call our Customer Service Hotline at telephone number 3105 0000 or write to us at

  Address	:	The Land Registry
  		Queensway Government Offices
  		28th Floor
  		66 Queensway
  		Hong Kong
  		or
  		The Land Registry
  		(Freepost No.10)
  		Hong Kong
  Fax No	:	25960281
  Website	:	www.landreg.gov.hk
  E-mail	:	csa@landreg.gov.hk