Owners' Corporations

Owners' Corporations

Owners' Corporations

(I) Application for registration of owners' corporations

(II) Filing of Notice of Policy of Insurance

(III) Filing of Notice of Change of Particulars

(IV) Search of the owners' corporations records and Index of Owners' Corporations

Enquiries

 

(I) Application for registration of owners' corporations

• Persons desirous of forming an owners' corporation should read the following paragraphs in conjunction with the booklet "How to Form an Owners' Corporation" (https://www.buildingmgt.gov.hk/file_manager/en/documents/foc/how_to_form_an_owners_corporation_en.pdf) published by the Home Affairs Department (https://www.buildingmgt.gov.hk/en/Formation_of_Owners_Corporation/foc.html). The booklet provides general guidelines to owners on the formation of an owners' corporation.

BEFORE MAKING APPLICATION TO THE LAND REGISTRY

• A meeting of owners may be convened to appoint a management committee and form an owners' corporation in accordance with s.3, s.3A, s.4 or s.40C of the Building Management Ordinance (Cap. 344) ("the Ordinance").
• The convenor of the meeting can obtain the land registers containing records of the current owners of the flats in the building from the Land Registry. Search fees of such records may be waived through application to the District Office.
• The convenor should give notice of the meeting to each owner at least 14 days before the date of the meeting. The notice should specify the date, time and place of the meeting and the resolutions that are to be proposed at the meeting.
• You may contact the District Building Management Liaison Teams of the Home Affairs Department for advice on the procedures for the formation of an owners’ corporation. They may send a representative to attend the meeting of owners for the formation of an owners’ corporation and give advice on the procedures for the appointment of a management committee. For details of the building management services provided by the Home Affairs Department, you may visit their homepage on building management at https://www.buildingmgt.gov.hk/en/index.html.

APPLICATION FOR INCORPORATION

• The application for incorporation must be submitted to the Land Registrar within 28 days of the appointment of the management committee (s.7(1) of the Ordinance).
• The application form (L.R. 164)(PDF format)(Ms Word format)(Online form) must be accompanied by the following documents:-
  • a copy of the registered Deed of Mutual Covenant (if any) of the building;
  • a certified copy of the resolution evidencing the appointment of the management committee (L.R. 167)(PDF format)(Ms Word format)(Online form);
  • a declaration of compliance with certain provisions of the Ordinance (L.R. 161)(PDF format)(Ms Word format);
  • a statement by each member of the management committee that he/she does not fall within the description of paragraph 4(1)(a) or 4(1)(b) of Schedule 2 to the Ordinance (L.R. 175)(PDF format)(Ms Word format)(Online form); and
  • a confirmation on lodgment of statement under paragraph 4(3) of Schedule 2 to the Ordinance (L.R. 171)(PDF format)(Ms Word format)(Online form).

  (If the owners' corporation is formed under s.3A, s.4 or s.40C of the Ordinance, a copy of the order issued by the Secretary for Home Affairs or the Lands Tribunal should also be submitted.)

  You may make reference to the sample when completing the application form (L.R. 164).

• If the chairman or secretary of the management committee is a body corporate, its authorized representative is required to stamp the chop of the body corporate on the application form (L.R. 164)(PDF format)(Ms Word format)(Online form) and the resolution (L.R. 167)(PDF format)(Ms Word format)(Online form). For online form, the electronic signature should be made with valid digital certificate issued to the body corporate.
• The declaration may be made before a Commissioner for Oaths at the Land Registry or District Offices.
• You can submit the application by post, in person or online to the relevant Land Registry office. For application sent in by post, please ensure that sufficient postage is paid to avoid unsuccessful delivery. Any underpaid mail will be handled by the Hongkong Post and the Land Registry will not settle the relevant surcharge payment. For application submitted in person, please make an appointment to save your time.
• The address and telephone number of the Land Registry offices are:-
  
  

If you intend to submit the application documents in the form of electronic records, you may refer to the Gazette Notice (G.N. 6697) for details of the requirements and our website (https://www.landreg.gov.hk/en/electronic/electronic.htm).

PROCESSING TIME

• The time required for processing an application is generally around 25 working days depending on whether the application is a complicated case or requires further supporting documents for processing.
• If you would like us to expedite the processing of your application, please state the request and the reason(s) in writing at the time of submission of the application.

RESULT OF APPLICATION

• If your application is approved, a Certificate of Registration will be issued to you upon payment of the prescribed fees as set out in the Building Management (Fees) Regulations.
• The effective date of incorporation is the date of issue of the Certificate of Registration by the Land Registrar.
• The name of the owners' corporation and the particulars of the members of its management committee will be entered into the register of corporations kept in the relevant Land Registry office for public inspection.