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How to carry out building rehabilitation in buildings without OCs?

For buildings without OCs, if an Owners’ Committee has been formed or managers have been appointed by the owners of the building in accordance with provisions of the DMC, then planning and implementation of building rehabilitation works shall be carried out in compliance with terms prescribed therein.

 

With regard to the myriad renditions of DMC, if the following terms are not explicitly stipulated in the DMC:

 

  • that an owners’ meeting has the right to resolve on the repair and maintenance of common areas of the subject building; and
  • that the resolution concerned is legally binding on all owners (including owners who haven't attended the owners' meeting),

then an unanimous agreement among all owners on the repair and maintenance of common areas of the subject building must be reached for the resolution to be deemed valid. Even if the aforementioned terms are stated in the DMC, whether or not works of improvement or upgrading nature are within their extent of repair and maintenance must also be clarified. In this regard, for buidlings without OCs, owners are recommended to consult practising lawyers in Hong Kong for relevant legal advice in writing before planning building rehabilitation.