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Course Details

Building Management Disputes
Andrew Y. S. Mak, Barrister-at-law, Sir Oswald Cheung's Chambers
Carol Wong, Barrister-at-law, Sir Oswald Cheung's Chambers
Brian Chok, Barrister-at-law, Sir Oswald Cheung's Chambers
Date: 26 July 2019 (Friday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: English
Fee: HK$ 1,650
Accreditation: 3 CPD pts (Accredited by The Law Society of Hong Kong)
Ref: L19CY04
Venue: Learning Commons Ltd
Room 1602, 16/F,
1 Duddell Street,
Central, Hong Kong
[View Map]
Presenter's Biography:

Andrew Mak has a full time practice as an advocate and arbitrator in international and commercial disputes, and property law.

Andrew has recently appeared in all levels in the Hong Kong Court, from the Court of Final Appeal down, and in international arbitrations in Hong Kong and other arbitration venues, mainly in Mainland China.

Recently, he has sat as Chief Arbitrator in the Shenzhen Court of International Arbitration. He is on various panels of arbitrators, including the Hong Kong International Arbitration Centre (HKIAC), Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission) (SAIC), Shanghai International Economic and Trade Arbitration Commission Financial Arbitration Centre, Shanghai (SHIAC), Jinan Arbitration Commission, Tianjin Arbitration Commission, Nanjing Arbitration Commission and the Kuala Lumpur Regional Centre for Arbitration (KLRCA).
He has sat as Chief Arbitrator in Shenzhen in one of the first cases in using Hong Kong law in commercial arbitration. He was appointed Chinese legal consultant in Shanghai in 2015. His legal opinion has been accepted by the PRC courts. He has frequent speaking engagements in the PRC on commercial litigation and arbitration topics.

Andrew Mak has also taught part time at the Peking University, the East China University of Politics and Law (formerly the St John University), and the Shanghai University of Finance and Economics.

He has been temporary part time lecturer in 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 has authored works in commercial injunctions, conveyancing and property litigation, 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, 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 Hold 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, [2018] HKDC 160; Darren Robert Barton v. Discovery Bay Services Management Ltd [2018] HKLDT 93.

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".

Carol has been appointed by the Chief Executive as a Member of the Basic Law Promotion Steering Committee. Further, she is the Honorary Secretary of the Hong Kong Bar Association's Standing Committee of the Greater China Affairs and a Member of the Standing Committee of the Young Barristers. 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.

Brian is developing a mixed practice. On the civil side, he has mainly advised on corporate matters, including insolvency, shareholders' disputes, company trusts, commercial contracts and disqualification of directors, etc. He also regularly represents the Official Receiver at Monday call-over hearings in winding-up and bankruptcy cases. Brian's practice also focuses on land-matters such as adverse possession, building management, tenancy interpretation and construction of DMCs. In addition, he also handles personal injuries cases representing construction companies and registered car owners.

For criminal matters, Brian regularly prosecutes at Magistrates' Courts and had the experience of defending clients in cases concerning sexual indecency, agent accepting/soliciting an advantage, traffic-offences, trafficking in dangerous drugs, etc.

Prior to his full practice, Brian developed his interest and knowledge in arbitration working as a legal intern at the Secretariat of the International Chamber of Commerce International Court of Arbitration (Asia Office).
 
Objective:

There are over 40,000 multi-storey buildings in Hong Kong. It is rather common for legal disputes to arise between co-owners themselves, between co-owners and the manager, as well as between co-owners and the outsiders. Further, some buildings have their incorporated owners (IO) which is charged with certain responsibilities. It is important to understand how to effectively resolve these disputes within a multi-storey building.

For instance, when millions have been spent on renovating a part of the building or to conduct a litigation in relation to that part, should it be paid by an individual owner of the building or by the incorporated owners? 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?

It should be clear that building management disputes requires a good understanding of the interaction between the law regarding company law, and property law in a statutory context and that can be complex for practitioners.
 
Outline:

This Course will discuss common disputes in multi-storey buildings, including disputes relating to common areas, payment of management fees, meetings, illegal structure, water seepage etc.

  • Construction of 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
  • Whether the IO or an individual co-owner of the building should sue or be sued
  • 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
  • Urgent injunction applications
  • Procedural and evidential aspects in building management litigation

 
Category: Conveyancing
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