|(Webinar via Zoom) Building Management Disputes
||24 February 2023 (Friday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||(3 CPD Points being applied for - The Law Society of HK)
Andrew Mak is a full-time advocate in property law and international commercial arbitrations.
Andrew has recently appeared in all levels in the Hong Kong Courts, and in international arbitrations in Hong Kong and Mainland China.
Some selected cases on building management include Tai Fat Development (Holding) Company Limited v. The Incorporated Owners of Gold King Industrial Building (2017) 20 HKCFAR 325; The Incorporated Owners of San Po Kong Mansion v. On Rich (HK) Investment Limited HCA 557/2013; Incorporated Owners of Tung Lo Court v Tsui Wai Yip  4 HKLRD 397, Incorporated Owners of One Beacon Hill v Match Power Investment Ltd  5 HKLRD 375, Tam Lai King v Incorporated Owners of Malahon Apartments  5 HKLRD 63, 陳炳華及另一人 v 家利物業管理有限公司  HKCFI 3010
He has lectured Land Law of the University of Hong Kong and has given CPDs lectures frequently on conveyancing and property law, injunctions and international commercial litigation and arbitration. He is vice-chairman of the Land, Trust and Probate Committee of the Hong Kong Bar Association.
He has authored works in conveyancing and property litigation, commercial injunctions, and disciplinary & regulatory proceedings, and administrative law.
Carol Wong is a practising barrister in Hong Kong. She is a Bar Scholar and Charles Ching Scholar. She obtained her LLB from the University of Hong Kong and LLM from the University of Cambridge as a British Chevening Scholar. She has a general civil practice, handling various cases including land and property, building management, commercial, contract, company, tort, matrimonial and cross-border disputes.
Carol's selected cases on property and building management disputes are: Siu Kai Ming v Lau Sai Hing (2015) 18 HKCFAR 38; Tai Fat Development (Holding) Company Limited v. The Incorporated Owners of Gold King Industrial Building (2017) 20 HKCFAR 325; The Incorporated Owners of San Po Kong Mansion v. On Rich (HK) Investment Limited, HCA 557/2013, judgment dated 27 October 2017; Wong Pui Wan v. Wong Wing Kwong, Wong Wing Ming and Wong Sau Ping,  HKDC 160; Darren Robert Barton v. Discovery Bay Services Management Ltd  HKLDT 93;  HKCA 350.
Carol is a contributing editor/author of "Hong Kong Civil Procedure", "Law of Injunctions in Hong Kong", "Conveyancing Litigation in Hong Kong" and various chapters of the "Annotated Ordinance of Hong Kong" and "Atkin's Court Form". She has given various seminars to Hong Kong and PRC professionals and has taught at the University of Hong Kong, Peking University and East China University of Political Science and Law.
There are some 41,000 multi-storey buildings in Hong Kong. Over 5,000 do not have an incorporated owners (IO). The Buildings Department in 2020 had found over 600 buildings with over 30 years old requiring repairs of the common parts. It is unsurprising and hence common for legal disputes to arise between co-owners themselves, between co-owners and the manager or the IO, as well as between co-owners and outsiders. Further, some buildings have their IO which is charged with more responsibilities. Media attention has recently drawn to the Competition Commission as well as the ICAC, and defamation cases on building management arise are now not a rare species. It is important to understand the way to effectively resolve these disputes within a multi-storey building.
For instance, renovation of a part of the building or blocks of buildings within an estate involves tens of millions of dollars, and as to another few millions to conduct a litigation in relation to that part, should it be paid by an individual owner of the building or by the IO? If it is the latter, how much should each co-owner of the building contribute? If a co-owner feels aggrieved by the amount demanded by the IO, is there any way to challenge the basis of the determination on the extent of his contribution? On the contrary, what grounds can the IO rely upon in contesting the challenge by the owners not to pay contribution/management fees due to procedural impropriety of the AGM/EGM? Further, if a co-owner wishes to urgently prevent the IO from holding a meeting, what can he do?
Building management disputes requires a proper understanding of the interplay of the contract law, company law, property law and the relevant statutes which will be explored in this course.
This Course will discuss common types of disputes in multi-storey buildings, including disputes relating to common areas, including its renovation, payment of management fees, meetings, illegal structure, water seepage, with updated examples.
- The Deed of Mutual Covenant (DMC) and its interaction with the Building Management Ordinance (Cap. 344) (BMO)
- Whether a part is a "common part" of the building and limit of IO's power over it
- Extent of contribution towards the expenses of the building (undivided share proportion vs. management share proportion or other basis)
- General funds and contingency funds under the BMO
- Effect of resolution of the IO
- Validity of resolutions passed at the meetings of IO
- Procedural and evidential aspects in building management litigation