Review Committee on the Building Management Ordinance submits Interim Report to Government (with photo)

The Interim Report of the Review Committee on the Building Management Ordinance was released today (March 25).

The Chairman of the Review Committee, Mr Chung Pui-lam, said, "The Review Committee has completed its first stage of work. It has examined various common building management issues and its preliminary findings are set out in the Interim Report. The Review Committee will commence its next stage of work including studying in detail those issues which are more controversial or involve complicated legal and private property rights implications."

He added, "On those issues where disputes arise due to differences in interpretation of the requirements under the Building Management Ordinance by different parties, the Review Committee recommends that more specific guidelines on best practice may be provided to facilitate better understanding of the requirements under the Ordinance."

Mr Chung explained, "For example, on the arrangement of proxy for the general meeting of an owners' corporation, the Ordinance currently requires that the secretary of the management committee shall display information of the owner's flat of which proxy has been appointed in a prominent place of the meeting venue before the meeting is held until the conclusion of the meeting. According to the newly released Guidelines, we suggest that as a matter of best practice, the secretary is advised to display such information in a prominent place of the building at least 24 hours before the meeting is held and until seven days after the meeting to facilitate verification by owners."

Mr Chung continued, "On the arrangement of convening a general meeting of an owners' corporation at the request of not less than 5 per cent of the owners, the Ordinance requires that the chairman of the management committee shall convene a general meeting of the owners' corporation at the request of not less than 5 per cent of the owners for the purposes specified by such owners within 14 days of receiving such request, and hold the general meeting within 45 days of receiving such request. The Review Committee notes that there are complaints that the chairman adds a large number of agenda items to make the meeting unreasonably long so that very little time is left to discuss those items which the owners really would like to discuss. According to the newly released Guidelines, we suggest that as a matter of best practice, the chairman is advised to arrange the discussion items suggested by the owners who request the holding of the meeting as priority items on the agenda."

The Interim Report and the guidelines on best practice are available at the building management website of the Home Affairs Department (www.buildingmgt.gov.hk) and at the Public Enquiry Service Centres of District Offices.

The Secretary for Home Affairs appointed the Review Committee in January 2011 to identify common building management problems, deliberate on how they may be resolved or alleviated through amending the Ordinance, and make recommendations to the Government on how to take forward proposals to enhance the operation of owners' corporations and to protect interests of individual owners. The Review Committee comprises members from relevant professions such as the legal, accounting and engineering fields, and Legislative Council Members with rich knowledge in building management. Some experienced management committee members have also been invited to attend the meetings of the Review Committee on a needs basis in the capacity of co-opted members.

Ends/Monday, March 25, 2013
Issued at HKT 12:09