Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 3A

Appointment of management committee after application to the Authority

Caution: This is a past version. See the current version here.

(1) The Authority may, upon application by the owners of not less than 30% of
the shares, order that a meeting of owners shall be convened, by such owner
("convenor" (召集人) ) as the Authority may direct, to appoint a
management committee.

(2) Any person referred to in section 3(1)(a) or (b) shall be entitled to
attend a meeting of owners convened under this section.

(3) Subject to subsection (5), the meeting of owners convened under this
section may, by a resolution passed by a majority of the votes of the owners
voting either personally or by proxy, appoint a management  committee.

(4) Any owner, or person referred to in section 3(1)(a) or (b), as the case
may be, who wishes to oppose the appointment of a management  committee may,
by notice served upon the Authority not less than 7 days before the date of
the meeting, object to the order convening the meeting of owners under this
section.

(5) If, under subsection (4), the Authority receives-

   (a)  notices of objection from owners of not less than 10% of the shares;
        or

   (b)  a notice of objection from a person referred to in section  3 (1)(a)
        or (b) endorsed or otherwise supported by owners of not less than 10%
        of the shares, any order of the Authority under subsection (1) shall
        be of no effect and the Authority shall notify the convenor
        accordingly who shall, so far as practicable, bring the notification
        to the attention of each owner or other person served with a notice
        under section 5(1)(ba).

(6) Where any order of the Authority is of no effect by virtue of subsection
(5) the Authority may advise the applicant to apply to the tribunal under
section 4(1)(a) or the Authority or an authorized officer may apply to the
tribunal under section 4(1)(b). (Added 27 of 1993 s. 6)