Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 3A

Appointment of management committee after application to the Authority

(Past version on 01/08/2000).
(Past version on 27/03/1998).
(Past version on 30/06/1997).

(1) The Authority may, upon application by the owners of not less than 20% of
the shares in aggregate, order that a meeting of owners shall be convened, by
such owner as the Authority may direct, to appoint a management committee.
(Amended 69 of 2000 s. 4; 5 of 2007 s. 42)

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

(3A) The convenor shall, at least 14 days before the date of the meeting of
owners, give notice of the meeting to each owner and the person referred to in
section 3(1)(a) or (b) (if any). (Added 5 of 2007 s. 6)

(3B) 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. 6)

(3C) 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 section 3(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. 6)

(3D) 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. 6)

(3E) The convenor shall preside at a meeting of owners convened under this
section. (Added 5 of 2007 s. 6)

(3F) The quorum at a meeting of owners convened under this section shall be
10% of the owners. (Added 5 of 2007 s. 6)

(3G) 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. 6)

(3H) For the purposes of subsection (3G)—

   (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. 6)

(3I) Subject to subsection (3J), 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. 6)

(3J) 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. 6)

(3K) Subject to subsection (3L), where a meeting of owners convened under this
section is adjourned, subsections (3A), (3B), (3C), (3D), (3E),

(3F), (3G), (3H), (3I) and (3J) shall apply to the adjourned meeting as they
apply to the original meeting. (Added 5 of 2007 s. 6)

(3L) 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. 6)

(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 given to the Authority at least 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 the owners of not less than 20% of the
        shares in aggregate; or (Amended 12 of 1998 s. 2)

   (b)  a notice of objection from a person referred to in section  3 (1)(a)
        or (b) endorsed or otherwise supported by the owners of not less than
        20% of the shares in aggregate, (Amended 12 of 1998 s. 2; 69 of 2000
        s. 4) 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 to whom a notice has been given under
        subsection (3A). (Amended 5 of 2007 s. 42)

(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. Amended 5 of 2007 s.
6)