Table of Contents
Checking the records of the owners' corporation must be carried out in accordance with relevant laws and procedures. The following are common methods in Hong Kong (based on the Building Management Ordinance for reference):
1. Confirm access rights
- Owner Rights:According to the Hong Kong Building Management Ordinance (Cap. 344), the Owners' Corporation (hereinafter referred to as the "OC") is required to keep specific documents (such as meeting minutes, financial accounts, etc.), and owners have the right to request inspection.
- Legitimate Purpose:Access must be based on reasonable reasons (such as supervising the operation of the corporation, checking accounts, etc.) and cannot be used for private or commercial purposes.
2. Check the process
Step 1: Submit a written application
- Submit a written application to the Corporation Management Committee (the Management Committee) stating:
- Specific documents to be reviewed (e.g. AGM minutes, financial statements, bank statements, etc.).
- Purpose of access (must be reasonable and legal).
- Please refer to the Ordinance: Section 20 and Schedule 2 of the Ordinance (Obligation of corporations to keep documents).
Step 2: OC’s response and arrangements
- Upon receipt of the application, the corporation shall Within 14 days Reply and arrange the time and place for inspection (usually the registered address or management office of the corporation).
- If the corporation refuses to access the data, it must provide reasonable reasons (such as those involving privacy or legal disputes).
Step 3: How to check
- On-site inspection: You may go to the designated location to review the documents in person, but you are generally not allowed to directly copy or take away the originals.
- Request a copy: You may request the corporation to provide a copy, but you will have to pay the reasonable costs of photocopying (the corporation may charge a cost fee in accordance with the regulations).
3. Dispute Resolution
- Seeking help from District Offices: If the OC refuses unreasonably, you may complain to the Building Management Support Unit of the Home Affairs Department and request intervention and coordination.
- Apply for a court order: Under Section 45 of the Ordinance, an owner may apply to the Lands Tribunal for an order compelling the corporation to produce documents.
4. Notes
- File Scope: The available documents include:
- Minutes of corporate meetings (such as owners' meetings, management committee meetings).
- Financial accounts (income and expenditure statements, bank account records, audit reports, etc.).
- Register of corporations (list of owners and contact information must comply with the Personal Data (Privacy) Ordinance).
- Confidentiality: Viewers are not allowed to use the documents for unauthorized purposes or disclose the privacy of other owners.
5. Other ways
- Search Land Registry Records: Some corporate documents (such as registration certificate, deed of mutual covenant) can be inspected through the Land Registry (charges apply).
- Agent: If the owner is unable to handle it in person, he or she may authorize an agent in writing to check it on his or her behalf.
Reference regulations
- Sections 20, 21 and 45 of the Building Management Ordinance (Cap. 344) of Hong Kong
- Home Affairs Department's "Guidelines on Owners' Corporations"
If there are specific disputes or complex situations, it is recommended to consult legal professionals or seek assistance from the Home Affairs Department.
Question 1: Can members of the public inspect the Owners Corporation Index and the records of the Owners Corporation?
Answer: Yes.
Question 2: How to check the index of owners’ corporations?
A: Searchers can browse the Owners Corporation Index (http://www.landreg.gov.hk/tc/services/oi-index.htm) Free access to relevant information. The information includes the name of the owners' corporation, the building address and the corporation number.
Question 3: How can I check the records of the Owners Corporation?
A: To inspect the records of the Owners Corporation, the inspector must come in person. Land Registry Offices To conduct a search, you must complete the Owners Corporation Service Payment Form and pay Building Management (Fees) Regulations The specified fee. The relevant records are kept at the Urban Owners Corporation Section and three New Territories Search Offices. Details are as follows:
Customer Service Center Hong Kong Island, Kowloon and Outlying Islands
Tai Po Search Centre North District, Sai Kung, Shatin and Tai Po
Tsuen Wan Search Centre Tsuen Wan and Tuen Mun
Yuen Long Search Centre Yuen Long
Question 4: What information do I need to provide to inspect the records of the Owners Corporation?
A: The person searching the register needs to provide the name or number of the corporation. In addition, the person searching the land register must provide identification information, such as name and identity document number (if providing passport information, please also fill in the issuing country or authority), and must produce relevant supporting documents for verification by Land Registry staff.
The person making the search must provide the identification information of the staff authorised by him/her, such as the name and identity document number (if providing passport information, please also fill in the issuing country or authority), the name of the organisation and its company number or business registration number (if not a Hong Kong registered company, please fill in the place of incorporation of the company) and affix the organisation's seal. The authorised person is required to produce the above personal identification document and staff ID or authorization letter issued by the relevant organisation to the Land Registry staff for verification.
Question 5: How much is the fee for inspecting or issuing the records of the Owners Corporation?
Answer: Press Building Management (Fees) Regulations The fees specified are as follows:
1. To inspect the register of corporations kept by the Land Registrar or any document filed by a corporation with the Land Registrar under this Ordinance$14
2. Issue of copies or extracts of registers or documents, each page (partial page shall be counted as one page) $14
3. Any copy or extract certified by the Land Registrar$43
Question 6: Can I check the records of the Owners Corporation immediately by searching in person?
Answer: Yes.
Q7: How long does it take to provide copies of Owners Corporation records?
A: It usually takes 30 minutes to provide a copy of the Owners Corporation records.