|(Webinar via Zoom) Building Management Disputes
||22 January 2021 (Friday)
||2:30pm - 5:45pm
For delegates who have prior knowledge of the subject area
||3 CPD pts (Accredited by The Law Society of Hong Kong)
Andrew Mak is a full time advocate in property law and international commercial arbitrations.
Andrew has recently appeared in all levels in the Hong Kong Court, and in international arbitrations in Hong Kong and Mainland China.
Some selected cases on building management include Tai Fat Development (Holding) Company Limited v. The Incorporated Owners of Gold King Industrial Building (2017) 20 HKCFAR 325; The Incorporated Owners of San Po Kong Mansion v. On Rich (HK) Investment Limited HCA 557/2013; Szeto Yuk Lin v Kanton Limited  HKCA 87, Incorporated Owners of Tung Lo Court v Tsui Wai Yip  4 HKLRD 397, Incorporated Owners of One Beacon Hill v Match Power Investment Ltd  5 HKLRD 375, Tam Lai King v Incorporated Owners of Malahon Apartments  5 HKLRD 63.
He has lectured in Land Law of the University of Hong Kong and has given CPDs lectures frequently on conveyancing and property law, injunctions and international commercial litigation and arbitration.
He has authored works in conveyancing and property litigation, commercial injunctions, and disciplinary & regulatory proceedings, and administrative law.
Carol Wong is a practising barrister in Hong Kong. She is a Bar Scholar and Charles Ching Scholar. She obtained her LLB from the University of Hong Kong and LLM from the University of Cambridge as a British Chevening Scholar. She has a general civil practice, handling various cases including land, building management, commercial, contract, company, tort, matrimonial and cross-border disputes.
Carol's selected cases on property and building management disputes are: Siu Kai Ming v Lau Sai Hing (2015) 18 HKCFAR 38; Tai Fat Development (Holding) Company Limited v. The Incorporated Owners of Gold King Industrial Building (2017) 20 HKCFAR 325; The Incorporated Owners of San Po Kong Mansion v. On Rich (HK) Investment Limited, HCA 557/2013, judgment dated 27 October 2017; Wong Pui Wan v. Wong Wing Kwong, Wong Wing Ming and Wong Sau Ping,  HKDC 160; Darren Robert Barton v. Discovery Bay Services Management Ltd  HKLDT 93;  HKCA 350.
Carol is a contributing editor/author of "Hong Kong Civil Procedure", "Law of Injunctions in Hong Kong", "Conveyancing Litigation in Hong Kong" and various chapters of the "Annotated Ordinance of Hong Kong" and "Atkin's Court Form".
Carol has been appointed by the Chief Executive as a Member of the Basic Law Promotion Steering Committee. Further, she is the Honorary Secretary of the Hong Kong Bar Association's Standing Committee of the Greater China Affairs and a Member of the Special Committee on Land, Trust & Probate Law. She has given various seminars to Hong Kong and PRC professionals and has taught at the University of Hong Kong, Peking University and East China University of Political Science and Law.
Brian is developing a mixed practice. On the civil side, he has mainly advised on corporate matters, including insolvency, shareholders' disputes, company trusts, commercial contracts and disqualification of directors, etc. He also regularly represents the Official Receiver at Monday call-over hearings in winding-up and bankruptcy cases. Brian's practice also focuses on land-matters such as adverse possession, building management, tenancy interpretation and construction of DMCs. In addition, he also handles personal injuries cases representing construction companies and registered car owners.
For criminal matters, Brian regularly prosecutes at Magistrates' Courts and had the experience of defending clients in cases concerning sexual indecency, agent accepting/soliciting an advantage, traffic-offences, trafficking in dangerous drugs, etc.
Prior to his full practice, Brian developed his interest and knowledge in arbitration working as a legal intern at the Secretariat of the International Chamber of Commerce International Court of Arbitration (Asia Office).
There are some 41,000 multi-storey buildings in Hong Kong. Over 5,000 do not even have an owners incorporation. The Buildings Department had found over 600 buildings with over 30 years old requiring repairs of the common parts. It is unsurprising and hence common for legal disputes to arise between co-owners themselves, between co-owners and the manager, as well as between co-owners and the outsiders. Further, some buildings have their incorporated owners (IO) which is charged with more responsibilities. It is important to understand how to effectively resolve these disputes within a multi-storey building.
For instance, when millions have been spent on renovating a part of the building or to conduct a litigation in relation to that part, should it be paid by an individual owner of the building or by the incorporated owners? If it is the latter, how much should each co-owner of the building contribute? If a co-owner feels aggrieved by the amount demanded by the IO, is there any way to challenge the basis of the determination on the extent of his contribution? On the contrary, what grounds can the IO rely upon in contesting the challenge by the owners not to pay contribution/management fees due to procedural impropriety of the AGM/EGM? Further, if a co-owner wishes to urgently prevent the IO from holding a meeting, what can he do?
It should be clear that building management disputes requires a good understanding of the interaction between the law regarding company law, property law and the statute law context. This can be complex for practitioners.
This Course will discuss common disputes in multi-storey buildings, including disputes relating to common areas, payment of management fees, meetings, illegal structure, water seepage, with updated examples.
- Construction of the Deed of Mutual Covenant (DMC) and its interaction with the Building Management Ordinance (Cap. 344) (BMO)
- Whether a part is a "common part" of the building
- Extent of contribution towards the expenses of the building (undivided share proportion vs. management share proportion or other basis)
- General funds and contingency funds under the BMO
- Effect of resolution of the IO
- Validity of resolutions passed at the meetings of IO
- Urgent injunction applications
- Procedural and evidential aspects in building management litigation