Hong Kong Ordinances

BUILDING MANAGEMENT ORDINANCE - SECT 40C

Appointment of management committee or building management agent by order of tribunal

(Past version on 01/08/2000).

(1) Where upon the application of the Authority it appears to the tribunal in
the case of any building that—

   (a)  a management committee has not been and is not likely to be appointed
        under section 3, 3A or 4, notwithstanding an order of the tribunal
        made under section 4;

   (b)  no person is, for the time being, managing that building; and

   (c)  the Authority is satisfied that by reason of the circumstances
        mentioned in paragraphs (a) and (b), there is a danger or risk of
        danger to the occupiers or owners of the building, the tribunal may
        order that, within such reasonable period as shall be specified in the
        order, a meeting of owners must be convened by such owner as shall be
        named in the order to deal with the matters referred to in subsection
        (2) for the purposes of managing that building.

(2) The matters referred to in subsection (1) are, consecutively—

   (a)  to consider and, if thought fit, to pass a resolution which appoints a
        management committee;

   (b)  where that resolution is not passed, to consider and, if thought fit,
        to pass a resolution which appoints a building management  agent, for
        the purposes of managing that building.

(3) 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)  a management committee; or

   (b)  (if no management committee is appointed) a building management 
        agent. (Replaced 5 of 2007 s. 23)

(3A) If no management committee or building management agent is appointed at
the meeting of owners, the convenor may appoint a building  management agent
directly. (Added 5 of 2007 s. 23)

(4) 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). (Replaced 5 of 2007 s. 23)

(5) 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, the incorporation
        of the owners and the appointment of a building management  agent.
        (Added 5 of 2007 s. 23)

(6) 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. 23)

(7) 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. 23)

(8) The convenor shall preside at a meeting of owners convened under this
section. (Added 5 of 2007 s. 23)

(9) The quorum at a meeting of owners convened under this section shall be 10%
of the owners. (Added 5 of 2007 s. 23)

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

   (a)  each owner shall have one vote;

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

   (c)  in the case of co-owners, the vote 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, in the case of co-owners, more than one of the co-owners seeks
        to cast a vote, only the vote that is cast, whether personally or by
        proxy, by the co-owner whose name, in order of priority, stands
        highest in the register kept at the Land Registry shall be treated as
        valid. (Added 5 of 2007 s. 23)

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

   (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. 23)

(12) Subject to subsection (13), 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.
23)

(13) Where a management committee or building management agent is appointed at
a meeting of owners convened under this section—

   (a)  the convenor shall deliver to the management committee or
        building management agent, as the case may be, 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 or building management agent, as the case may
        be, shall keep the instruments for a period of at least 12 months
        after the conclusion of the meeting. (Added 5 of 2007 s. 23)

(14) Subject to subsection (15), where a meeting of owners convened under this
section is adjourned, subsections (4), (5), (6), (7), (8), (9),

(10), (11), (12) and (13) shall apply to the adjourned meeting as they apply
to the original meeting. (Added 5 of 2007 s. 23)

(15) 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. 23) (Added 69 of 2000 s. 19)