(D) Owners' Corporations

(I) Arranging for the formation of owners' corporations

Q1: What services can be obtained from the Land Registry when dealing with owners' corporations matters?
Q2: Where can I obtain the owners' corporations services and what are the service hours of these offices?
Q3: How to form an owners' corporation?
Q4: If the number of members of the management committee is below the statutory requirement, can an owners' corporation be formed?
Q5: Is it true that only owners may be appointed as members of the management committee at the meeting of owners?
Q6: May we obtain records of owners from the Land Registry free of charge for the purpose of forming an owners' corporation?
Q7: Is it compulsory for the owners of a building to form an owners' corporation (OC)?

(II) Application for registration of an owners' corporation

Q1: Is it necessary for both the chairman and the secretary of the management committee 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 of compliance with provisions of section 3, 3A, 4 or 40C and the relevant provisions in section 5B of the Building Management Ordinance ("BMO")?
Q4: Where can the chairman or the secretary of the management committee make a declaration?
Q5: A copy of the registered deed of mutual covenant ("DMC") (if any) has to be submitted together with the application documents. Where can I get the copy?
Q6: In submitting an application, is it necessary to produce a record of meeting of owners?
Q7: In submitting an application, is it necessary to provide the appointment form of convenor of the owners' meeting?
Q8: How long does it take for processing an application for registation of an owners' corporation?
Q9: What are the fees for application?
Q10: What documents should I submit for applying for registration of an owners' corporation?
Q11: What is a Statement of Eligibility completed by each member of the management committee?
Q12: Can the chairman or the secretary of the management committee authorize other person to collect the certificate of registration of a corporation?
Q13: Can we submit the application after 28 days of the appointment of the management committee?
Q14: In case the application for registration of owners as a corporation is rejected, is it necessary to pay any fees?
Q15: 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 formation of the owners' corporation, whom should we approach for assistance?
Q2: Is there any need to submit records of meetings of the owners' corporation 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 (L.R. 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 update the registered particulars of an owners' corporation?
Q6: Can we make amendments to the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) before filing at the Land Registry?
Q7: How to make amendments on the filed Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
Q8: Where should we submit the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
Q9: Can we submit the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) by mail?
Q10: After we have submitted the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) and paid the prescribed filing fee of $58 to the Land Registry, how can we know that the owners' corporations records have been updated?
Q11: Can we complete the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) in Chinese?
Q12: Can the chairman of the management committee sign the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
Q13: Can the owners' corporation forbid the owners from selling their properties?
Q14: If the owners default in paying the management fees, can the Land Registrar forbid the defaulting owners from selling their properties?
Q15: If the management company fails to perform its duties, can the Land Registry provide any help?
Q16: If the members of management committee are always absent from the meeting of the management committee, what can we do?
Q17: If the performance of the management committee is not satisfactory, what can we do?
Q18: If an existing member of the management committee ("MC") is re-appointed under paragraph 5(2) of Schedule 2 to the Building Management Ordinance ("BMO"), does he have to hand in a fresh Statement of Eligibility?
Q19: If the secretary or the treasurer of a management committee ("MC") is not a member of the MC, does he/she have to hand in a Statement of Eligibility?
Q20: If a member of the management committee ("MC") is a body corporate, does such member have to hand in a Statement of Eligibility?
Q21: What should a member of the management committee ("MC") do if a change occurs in any matter stated in his/her Statement of Eligibility?
Q22: What is the consequence if a member of the management committee ("MC") fails to lodge his/her Statement of Eligibility with the secretary of the MC within the stipulated time limit under paragraph 4(3) of Schedule 2 to the Building Management Ordinance ("BMO")? Will such person be deemed as member of the MC again if he/she lodges the Statement of Eligibility after the stipulated deadline?
Q23: 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?
Q24: Is the owners' corporation required to notify the Land Registrar after it has effected a policy of insurance?
Q25: Is the owners' corporation required to notify the Land Registrar if there is any change in the policy of insurance?
Q26: Can the documents required to be lodged with the Land Registrar under the Building Management Ordinance (“BMO”) be submitted in the form of electronic records?

(IV) Search of owners' corporations records

Q1: Can a member of public conduct a search on the Index of Owners’ Corporations and the owners' corporations records?
Q2: How to search the Index of Owners' Corporations?
Q3: How to search the owners' corporations records?
Q4: What kind of information is required for conducting a search of the owners' corporations records?
Q5: What are the fees for inspecting or supplying a copy of the owners' corporations records?
Q6: Can the search result be obtained immediately upon search in person?
Q7: How long does it take for supplying copies of owners’ corporation records?




(I) Arranging for the formation of owners' corporations

Q1: What services can be obtained from the Land Registry when dealing with owners' corporations 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).

Q2: Where can I obtain the owners' corporation services and what are the service hours of these offices?

A:

Please refer to this webpage for the addresses and service hours of our offices providing the owners’ corporation services (www.landreg.gov.hk/en/pdf/info_lr_offices.pdf).

Q3: 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 Building Management Liaison Teams of HAD (www.buildingmgt.gov.hk) or the Reports on Title and Owners Incorporation Section of the Land Registry (www.landreg.gov.hk/en/contact/contact.htm) for assistance.

Q4: 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.
Q5: 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 the vice-chairman appointed at the meeting of owners should be registered owners of the building. However, the secretary and the treasurer of the management committee need not be registered owners of the building as they need not be members of the management committee.
Q6: May we obtain 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 of the Home Affairs Department for obtaining records of owners free of charge. Please contact the District Offices for details.
Q7: Is it compulsory for the owners of a building to form an owners' corporation (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 of the management committee 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. If the chairman or the secretary is a body corporate, the representative has to bring the company chop for stamping on the application documents.
Q2: Where can we obtain the application forms?
A: The application forms are available at the Land Registry (www.landreg.gov.hk/en/pdf/info_lr_offices.pdf) and can be downloaded from our homepage at https://www.landreg.gov.hk/en/pforms/form.htm.
Q3: In submitting the application, who shall make the declaration of compliance with provisions of section 3, 3A, 4 or 40C and the relevant provisions in section 5B of the Building Management Ordinance ("BMO")?
A: According to the BMO, either the chairman or the secretary of the management committee shall make the declaration.
Q4: Where can the chairman or the secretary of the management committee make a declaration?

A:

Declarations may be made at the Land Registry offices (www.landreg.gov.hk/en/contact/contact.htm) or the District Offices of the Home Affairs Department (www.had.gov.hk).

Q5: A copy of the registered deed of mutual covenant ("DMC") (if any) has to be submitted together with the application documents. Where can I get the copy?

A:

You may conduct a land search at any Land Registry Search Office or via the IRIS Online Services at (www.iris.gov.hk) and take the following steps:

  • Check the memorial no. of the DMC in the relevant land register
  • Order a copy of the DMC by quoting the memorial no.
Q6: In submitting an application, is it necessary to produce a record of meeting of owners?
A: No. It is not required in general.
Q7: In submitting an application, is it necessary to provide the appointment form of convenor of the owners' meeting?
A: No, it is not necessary.
Q8: How long does it take for processing an application for registration of an owners' corporation?
A: It generally takes around 30 working days to complete the process of registration depending on whether the application is a complicated case or requires further supporting documents for processing.
Q9: What are the fees for application?

A:

The application fees may include the following:

The application fees
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/statement (per document). $58
Q10: What documents should I submit for applying for registration of an owners' corporation?
A: Apart from the application in the 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 the chairman;
(3) a declaration of compliance (L.R. 161) made by the chairman or the secretary in the prescribed form (the oath may be made before a Commissioner for Oaths of the Land Registry or District Offices);
(4) a statement of eligibility (L.R. 175) by each member of the management committee in the prescribed form; and
(5) a confirmation on lodgment of statement (L.R. 171) by the secretary.
All the prescribed forms can be downloaded from this website.
Q11: What is a Statement of Eligibility completed by each member of the management committee?
A: Every member of the management committee appointed should, within 21 days after the appointment, make a statement and lodge the prescribed form of Statement of Eligibility (L.R. 175) with the secretary of the management committee. For appointment of the first management committee, the secretary should lodge the Statements with the Land Registrar within 28 days of the appointment together with the documents for registration of the owners as an owners’ corporation. You can obtain the form at any of our search offices or download from our homepage at www.landreg.gov.hk/en/pforms/form.htm.
Q12: Can the chairman or the secretary of the management committee 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.
Q13: 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.
Q14: In case the application for registration of owners as a corporation is rejected, is it necessary to pay any fees?
A: No.
Q15: 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 formation of the owners' corporation, whom should we approach for assistance?
A: For matters concerning filing of documents and search of the owners' corporations records, you may call the Land Registry’s customer service hotline at 3105 0000 (Press 5 and then 4 after selecting the language). 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.buildingmgt.gov.hk) for advice.
Q2: Is there any need to submit records of meetings of the owners' corporation 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 (L.R. 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: The secretary of the management committee should give notice to the Land Registry in the prescribed form (i.e. Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)) within 28 days of the date of any changes of members of the management committee.
Q5: How to update the registered particulars of an owners' corporation?
A: File a Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 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: Can we make amendments to the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) before filing at the Land Registry?
A: Yes. If amendments are made on a Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) before filing, such amendments should be initialed by the signatory of the form before it is lodged with the Land Registrar or otherwise, the form will be returned to the lodging party to arrange with the signatory for the authentication.
This authentication requirement is also applicable to other prescribed forms which are lodged for filing at the Land Registry under the Building Management Ordinance.
Q7: How to make amendments on the filed Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
A: A fresh Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) by the secretary with the prescribed fee of $58 should be delivered to the office of the Land Registry which issued the certificate of registration of owners' corporation for filing and updating the records.
Q8: Where should we submit the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
A: The Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) 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.
Q9: Can we submit the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) by mail?
A: Yes. The completed Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 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. Please ensure that sufficient postage is paid to avoid unsuccessful delivery of mail. Any underpaid mail will be handled by the Hongkong Post and the Land Registry will not settle the relevant surcharge payment for underpaid mail.
Q10: After we have submitted the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) and paid the prescribed filing fee of $58 to the Land Registry, how can we know that the owners' corporations 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 owners’ corporation concerned. Both the Register of Corporations and the corporation file are available for public inspection upon payment of the prescribed fees.
Q11: Can we complete the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) in Chinese?
A: Yes. To facilitate checking of the names of members of the management committee against the land records, please also provide their names in English in the form. You may make reference to the sample when completing the form.
Q12: Can the chairman of the management committee sign the Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124)?
A: No. The prescribed form of Notice of Change of Particulars/Notice of Policy of Insurance (L.R. 124) has to be signed by the secretary.
Q13: Can the owners' corporation forbid the owners from selling their properties?
A: Please seek legal advice from your solicitors.
Q14: 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) for advice.
Q15: If the management company fails to perform its duties, can the Land Registry provide any help?
A: The Building Management Ordinance does not empower the 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) for advice and assistance.
Q16: 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) for advice and assistance.
Q17: 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) for advice and assistance.
Q18: If an existing member of the management committee ("MC") is re-appointed under paragraph 5(2) of Schedule 2 to the Building Management Ordinance ("BMO"), does he/she have to hand in a fresh Statement of Eligibility?
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 Statement of Eligibility within 21 days after the appointment.
Q19: If the secretary or treasurer of a management committee ("MC") is not a member of the MC, does he have to hand in a Statement of Eligibility?
A: No. Only members of a MC have to hand in Statements of Eligibility. If the secretary or the treasurer of an MC is not a member of the MC, he/she is not subject to the requirements on qualifications of MC members and neither does he need to hand in a Statement of Eligibility.
Q20: If a member of the management committee ("MC") is a body corporate, does such member have to hand in a Statement of Eligibility?
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 Building Management Ordinance, as if the representative were a member of the MC in his/her own right. Such representative, just like other members of the MC, shall lodge with the secretary of the MC a Statement of Eligibility within 21 days after the appointment.
Q21: What should a member of the management committee ("MC") do if a change occurs in any matter stated in his/her Statement of Eligibility?
A: If a change occurs in any matter stated in the Statement of Eligibility, then the person who made the statement shall, within 21 days after the change occurs, lodge with the secretary of the MC Statement of Change of Particulars (L.R. 176) to state the particulars of the change.

Owners may obtain the Statement of Change of Particulars (L.R. 176) 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

Q22: What is the consequence if a member of the management committee ("MC") fails to lodge his/her Statement of Eligibility with the secretary of the MC within the stipulated time limit under paragraph 4(3) of Schedule 2 to the Building Management Ordinance ("BMO")? Will such person be deemed as member of the MC again if he/she lodges the Statement of Eligibility after the stipulated deadline?
A: If a member of the MC fails to lodge the Statement of Eligibility within the stipulated time limit (i.e. 21 days after the appointment), then according to paragraph 4(4) of Schedule 2 to the BMO, the member shall cease to be a member of the MC.

This cessation of membership is permanent and irreversible. Even if the person lodges the statement afterwards, he/she will not be deemed as a member of the MC again. If the person wants to be appointed as a member of the MC again, he/she will have to get a fresh appointment in accordance with the requirements in Schedule 2.

Q23: If the chairman or the 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 (L.R. 124), the Application for Registration of Owners as a Corporation (L.R. 164) and the Resolution (L.R. 167) submitted to the Land Registry.
Q24: 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 prescribed form "Notice of Change of Particulars/Notice of Policy of Insurance" (L.R. 124). You may make reference to the sample when completing the form.
Q25: 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 prescribed form "Notice of Change of Particulars/Notice of Policy of Insurance" (L.R. 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. You may make reference to the sample when completing the form.
Q26: Can the documents lodged with the Land Registrar under the Building Management Ordinance ("BMO") be submitted in the form of electronic records?
A: The Electronic Transactions Ordinance applies to the BMO. The manner and format for submission of documents in the form of electronic records should comply with all the requirements specified in the Gazette Notice (G.N. 8522) published under section 11(2) of the Electronic Transactions Ordinance. Please note that statutory declarations are excluded from application of the Electronic Transactions Ordinance.

(IV) Search of owners' corporations records

Q1: Can a member of public conduct a search on the Index of Owners' Corporations and the owners’ corporations records?
A: Yes.
Q2: How to search the Index of Owners' Corporations?
A: Searchers can browse the Index of Owners' Corporations free of charge at http://www.landreg.gov.hk/en/services/oi-index.htm. The information includes names of corporations, addresses of the buildings and the corporation numbers.
Q3: How to search the owners' corporations records?
A: Searchers can conduct search of the owners' corporations records at the relevant Land Registry office upon completing the payment form and settling the payment of the prescribed fees as set out in the Building Management (Fees) Regulations. The records are respectively kept in our Urban Owners Incorporation Unit and the three New Territories Search Offices as follows:

Office Directory
Office Districts where the owners' corporations are situated
Customer Centre  Link to GeoInfo Map - Customer Centre Hong Kong, Kowloon and Islands
Tai Po Search Office  Link to GeoInfo Map - Tai Po Search Office North, Sai Kung, Sha Tin and Tai Po
Tsuen Wan Search Office  Link to GeoInfo Map - Tsuen Wan Search Office Tsuen Wan and Tuen Mun
Yuen Long Search Office  Link to GeoInfo Map - Yuen Long Search Office Yuen Long
If the searchers do not know the districts where the owners' corporations are situated, they can refer to the Index of Owners' Corporations for Hong Kong and Kowloon and New Territories districts. Searchers can also call any of our offices to ascertain the appropriate Land Registry office.
Q4: What kind of information is required for conducting a search of the owners' corporations records?
A: Searchers are required to provide the corporation name or the corporation number.
Q5: What are the fees for inspecting or supplying a copy of the owners' corporations records?
A: Prescribed fees as set out in the Building Management (Fees) Regulations are as follows:

Fees
Item Search Item Fee
1. For inspecting the register of corporations maintained by the Land Registrar and any document relating to a corporation required to be submitted to the Land Registrar under the Ordinance $14
2. For supplying a copy or extract of any register or document, per folio or part thereof $14
3. For the certificate of the Land Registrar in relation to any copy or extract $43
Q6: Can the search result be obtained immediately upon search in person?
A: Yes.
Q7: How long does it take for supplying copies of owners’ corporation records?
A: It generally takes around 30 minutes to supply copies of owners’ corporation records.