Application for registration of owners' corporations
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_2.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). You may also download or fill in the online forms available in our website 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_2.htm) or the District Offices of the Home Affairs Department (https://www.had.gov.hk/en/contact_us/comment_c.htm).
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:
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:
- a copy of the registered deed of mutual covenant (if any);
- 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;
- 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);
- a statement of eligibility (L.R. 175) by each member of the management committee in the prescribed form; and
- a confirmation on lodgment of statement (L.R. 171) by the secretary.
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.
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.
Q16: Can I submit the forms relating to Owners' Corporations services / Notice of Change of Particulars through email?
A: Yes. Please note that 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. 6697) published under section 11(2) of the Electronic Transactions Ordinance. Please note that statutory declarations are excluded from application of the Electronic Transactions Ordinance. Please access https://www.landreg.gov.hk/en/electronic/electronic.htm for details.
Q17: It is necessary to provide an address in the specified forms. What type of address is required?
A: The address provided may be a residential address or other valid correspondence address such as office address, business address or address of the registered office of the owners’ corporation, etc.