Resources Centre

Frequently Asked Questions

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 (https://www.buildingmgt.gov.hk/en/Support_Services/7.html) for advice. 
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_2.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_2.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.
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 (https://www.buildingmgt.gov.hk/en/Support_Services/7.html) 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 (https://www.buildingmgt.gov.hk/en/Support_Services/7.html) 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 (https://www.buildingmgt.gov.hk/en/Support_Services/7.html) 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 (https://www.buildingmgt.gov.hk/en/Support_Services/7.html) 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
https://www.buildingmgt.gov.hk/en/Daily_Operation_of_Building_Management/10_1.html

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.