Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 3

Appointment of management committee

(Past version on 01/08/2000).
(Past version on 30/06/1997).

PART II

MANAGEMENT COMMITTEE

(1) A meeting of the owners to appoint a management committee may be convened
by—

   (a)  any person managing the building in accordance with the deed of 
        mutual covenant (if any); or

   (b)  any other person authorized to convene such a meeting by the
        deed of mutual covenant (if any); or

   (c)  one owner appointed to convene such a meeting by the owners of not
        less than 5% of the shares in aggregate. (Replaced 5 of 2007 s. 5)

(2) At a meeting of owners convened under this section, the owners may, by a
resolution—

   (a)  passed by a majority of the votes of the owners voting either
        personally or by proxy; and

   (b)  supported by the owners of not less than 30% of the shares in
        aggregate, appoint a management committee. (Replaced 5 of 2007 s. 5)

(3) The convenor shall, at least 14 days before the date of the meeting of
owners, give notice of the meeting to each owner and—

   (a)  where the convenor is the person referred to in subsection

(1)(a), to the person referred to in subsection (1)(b) (if any);

   (b)  where the convenor is the person referred to in subsection

(1)(b), to the person referred to in subsection (1)(a) (if any); or

   (c)  where the convenor is the owner appointed under subsection

(1)(c), to the person referred to in subsection (1)(a) or (b) (if any). (Added
5 of 2007 s. 5)

(4) The notice of meeting shall specify—

   (a)  the date, time and place of the meeting; and

   (b)  the resolutions that are to be proposed at the meeting and are related
        only to the appointment of a management committee and the
        incorporation of the owners. (Added 5 of 2007 s. 5)

(5) The notice of meeting may be given—

   (a)  in the case of an owner—

        (i)    by delivering it personally to the owner;

        (ii)   by sending it by post to the owner at his last known address;
               or

        (iii)  by leaving it at the owner’s flat or depositing it in the
               letter box for that flat; or

   (b)  in the case of a person referred to in subsection (1)(a) or (b)—

        (i)    by delivering it personally to the person; or

        (ii)   by sending it by post to the person at his last known address.
               (Added 5 of 2007 s. 5)

(6) The convenor shall also, at least 14 days before the date of the meeting
of owners, display the notice of meeting in a prominent place in the building.
(Added 5 of 2007 s. 5)

(7) The convenor shall preside at a meeting of owners convened under this
section. (Added 5 of 2007 s. 5)

(8) The quorum at a meeting of owners convened under this section shall be 10%
of the owners. (Added 5 of 2007 s. 5)

(9) At a meeting of owners convened under this section—

   (a)  an owner shall, unless the deed of mutual covenant (if any) otherwise
        provides, have one vote in respect of each share he owns;

   (b)  an owner may cast a vote personally or by proxy;

   (c)  where 2 or more persons are the co-owners of a share, the vote in
        respect of the share may be cast—

        (i)    by a proxy jointly appointed by the co-owners;

        (ii)   by a person appointed by the co-owners from amongst themselves;
               or

        (iii)  if no appointment is made under subparagraph (i) or (ii),
               either by one of the co-owners personally or by a proxy
               appointed by one of the co-owners; and

   (d)  where 2 or more persons are the co-owners of a share and more than one
        of the co-owners seeks to cast a vote in respect of the share, only
        the vote that is cast, whether personally or by proxy, by the co-owner
        whose name, in order of priority, stands highest in relation to that
        share in the register kept at the Land Registry shall be treated as
        valid. (Added 5 of 2007 s. 5)

(10) For the purposes of subsection (9)—

   (a)  the instrument appointing a proxy shall be in the form set out in Form
        1 in Schedule 1A, and—

        (i)    shall be signed by the owner; or

        (ii)   if the owner is a body corporate, shall, notwithstanding
               anything to the contrary in its constitution, be impressed with
               the seal or chop of the body corporate and signed by a person
               authorized by the body corporate in that behalf;

   (b)  the instrument appointing a proxy shall be lodged with the convenor at
        least 48 hours before the time for the holding of the meeting;

   (c)  the instrument appointing a proxy is valid only if it is made and
        lodged in accordance with paragraphs (a) and (b);

   (d)  a proxy appointed by an owner to attend and vote on behalf of the
        owner shall, for the purposes of the meeting, be treated as being the
        owner present at the meeting; and

   (e)  where an instrument appointing a proxy is lodged with the convenor,
        the convenor shall—

        (i)    acknowledge receipt of the instrument by leaving a receipt at
               the flat of the owner who made the instrument, or depositing
               the receipt in the letter box for that flat, before the time
               for the holding of the meeting;

        (ii)   determine the validity of the instrument in accordance with
               paragraph (c); and

        (iii)  display information of the owner’s flat in a prominent place
               in the place of the meeting before the time for the holding of
               the meeting, and cause the information to remain so displayed
               until the conclusion of the meeting. (Added 5 of 2007 s. 5)

(11) Subject to subsection (12), the convenor shall keep all the instruments
for the appointment of proxies that have been lodged with him for a period of
at least 12 months after the conclusion of the meeting. (Added 5 of 2007 s. 5)

(12) Where a management committee is appointed at a meeting of owners convened
under this section—

   (a)  the convenor shall deliver to the management committee immediately
        after the conclusion of the meeting all the instruments for the
        appointment of proxies that have been lodged with him; and

   (b)  the management committee shall keep the instruments for a period of at
        least 12 months after the conclusion of the meeting. (Added 5 of 2007
        s. 5)

(13) Subject to subsection (14), where a meeting of owners convened under this
section is adjourned, subsections (3), (4), (5), (6), (7), (8),

(9), (10), (11) and (12) shall apply to the adjourned meeting as they apply to
the original meeting. (Added 5 of 2007 s. 5)

(14) Where a meeting of owners convened under this section is adjourned, a
valid instrument appointing a proxy made for the purposes of the original
meeting shall remain valid for the purposes of the adjourned meeting unless—

   (a)  contrary intention is shown on the instrument;

   (b)  the instrument is revoked; or

   (c)  the instrument is replaced by a new instrument appointing a proxy.
        (Added 5 of 2007 s. 5) (Amended 27 of 1993 s. 42)