| Course Details |
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| (Webinar via Zoom) Building Management Disputes |
| Date: |
3 May 2024 (Friday) |
| Time: |
2:30pm - 5:45pm |
| Level: |
I (Intermediate)
For delegates who have prior knowledge of the subject area |
| Language: |
English |
| Fee: |
HK$ 1,850 |
| Accreditation: |
3 CPD pts (Accredited by The Law Society of Hong Kong) |
| Ref: |
L24CY03 |
| Venue: |
Webinar Course
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Presenter's Biography:
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 [2015] 4 HKLRD 397, Incorporated Owners of One Beacon Hill v Match Power Investment Ltd [2012] 5 HKLRD 375, Tam Lai King v Incorporated Owners of Malahon Apartments [2010] 5 HKLRD 63, 陳炳華及另一人 v 家利物業管理有限公司 [2020] HKCFI 3010, 華都大廈(高士威道)業主立案法團 V. 譚建華所經營裕華皮鞋[2021] HKDC 1475, Leung Chi Ching Candy v Yeung Hon Sing [2022] HKDC 1036.
He has lectured Land Law at 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.
Kenny Y.H. Kwok is a practising barrister in Hong Kong. He obtained his LL.B. (First Class Honours) and P.C.LL. from The University of Hong Kong, and his LL.M. from the University of Cambridge. He has a general civil practice, with experience in land, probate and family matters. He has recently appeared in a High Court 5-day trial on property dispute.
Kenny was a judicial assistant at the Hong Kong Court of Final Appeal. He has published in international peer-reviewed journals, and was a Lecturer (Non-clinical) on contract and tort law at The University of Hong Kong.
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Objective:
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, water leakages complaints, and defamation cases on building management are a common occurrence. It is important to understand the way to effectively resolve these disputes within a multi-storey building.
Of also importance is the 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.
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Outline:
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
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| Category: |
Conveyancing |
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Bookings & Payments
To reserve a seat, please fax the completed booking form to us. We will send out a written Booking Confirmation either by fax or by email to confirm your booking, normally within 48 hours after receiving the booking form. Payment should be made upon we send the Booking Confirmation to you, or together with the booking form if the booking is received within seven (7) days of the course. You are advised to contact us to confirm your place if you have not received the Booking Confirmation prior to the commencement of the course.
Cancellation
In case of cancellation of a booking, you must inform us in writing at least seven (7) days before the date of the course, and a full refund will be issued (less of HK$300 administration fee). Cancellation of unpaid bookings will incur a HK$300 administration fee and the cancellation will not be deemed effective until payment of such fee is received. No refunds will be given and any outstanding amounts remain payable in full if the written notice of cancellation is made less than (7) days before the date of the course.
Transfer
If you cannot attend a booked course, you must inform us in writing at least 24 hours before the commencing time of the course. You may then:
- Transfer the booking to a replacement delegate;( Not available for Individual Discount Packages)
- Transfer your booking to another course, to be held before 31 October 2024; or
- Request a credit voucher, to be used on another LexOmnibus CPD course to be held before 31 October 2024.
No attendance
Once a booking is confirmed and no written notice of cancellation is received by us within the specified time as mentioned above, if a delegate has not settled the payment for a course and fails to attend, for whatever reason, the course fee will remain payable in full. To be awarded CPD points, full attendance of all parts of the conference is required. If you arrive later, or fail to attend a course, your course fee will not be waived, refunded or a credit voucher issued.
Weather
In the event that the No.8 typhoon signal is hoisted or the Black Rain Storm warning is raised within 2.5 hours of the course or is due to be raised during the course, the course will be cancelled. In the event of cancellation due to bad weather, the course will be rescheduled or a credit note issued. No refunds will be given.
Record of Attendance
A certificate of attendance can be provided at a cost of HK$40. Alternatively, a verification of attendance in letter format, along with the original payments receipt is available, at a cost HK$40. Please apply in writing to request either a certificate or verification letter subsequent to the course.
Conference Venue
All the conferences, except webinars, will be taken place in either Central or Admiralty. The address of the conference venue will be notified by email, and via the website.
Other Terms
- We may reschedule, vary the details of a course at any time without liability. If we cancel or reschedule the course, except due to the weather conditions indicated, a credit note will be issued.
- Any bank charges and/or expenses incurred as a result of bounced cheques shall be borne by the delegates.
- LexOmnibus will not issue an invoice for registration of a course except under special circumstances and LexOmnibus reserves the right to charge an administration fee for providing that service.
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