Seminar on integrity and Quality Building Management for HKIS Mr. Chung Pui Lam, Solicitors, SBS, JP 16 th December 2010

1. The Manager (usually a Property Management Company ) Appointment - under a contract with the Owner Corporation (OC) -under the Deed of Mutual Covenant (DMC manager)

2. Role of the Manager to provide professional advice on building management to, OC, Management Committee (MC), Owners Committee, and owners collectively. to provide professional advice on building management to, OC, Management Committee (MC), Owners Committee, and owners collectively. To exercise the powers and duties for managers in the DMC and in the Building Management Ordinance, Cap.344 (BMO), particularly in relation to maintenance and management of the common parts, common facilities, covenants by owners. To exercise the powers and duties for managers in the DMC and in the Building Management Ordinance, Cap.344 (BMO), particularly in relation to maintenance and management of the common parts, common facilities, covenants by owners.

2. Role of the Manager To procure supplies of goods and services e.g. security, cleaning, major repairs To procure supplies of goods and services e.g. security, cleaning, major repairs To prepare budgets, financial statements (income and expenditure and balance sheets) and collect management fees and keeping of funds and accounts pursuant to schedule 7 of the BMO To prepare budgets, financial statements (income and expenditure and balance sheets) and collect management fees and keeping of funds and accounts pursuant to schedule 7 of the BMO To provide secretarial works to the OC and MC To provide secretarial works to the OC and MC

2. Role of the Manager To enface the provisions and covenants in the DMC and if necessary, taking legal proceedings To enface the provisions and covenants in the DMC and if necessary, taking legal proceedings To maintain service providers To maintain service providers

3. Integrity Management (1) Setting out probity requirements by : NOT to Solicit or accept any advantage when performing the duties under the agreement, from any person serving the OC (e.g. prohibiting acceptance of commission or free service from suppliers and service providers serving the OC); NOT to Solicit or accept any advantage when performing the duties under the agreement, from any person serving the OC (e.g. prohibiting acceptance of commission or free service from suppliers and service providers serving the OC);

3. Integrity Management to avoid and declare any conflict of interest in the course of their duties under the agreement, including any personal relationship with the suppliers and service providers serving the OC or any financial interest in their business; and to avoid and declare any conflict of interest in the course of their duties under the agreement, including any personal relationship with the suppliers and service providers serving the OC or any financial interest in their business; and to protect any confidential information obtained in the course of their duties under the agreement. to protect any confidential information obtained in the course of their duties under the agreement.

3. Integrity Management (2)To issue probity guidelines to employees, specifying restrictions on acceptance of advantage and the requirement for declaration of interest when performing duties under the service agreement with the OC

4. Procurement of Goods and Services section 20A of the BMO section 20A of the BMO the code of practice under S.44 of BMO the code of practice under S.44 of BMO reviewing regularly purchase orders and management reports on purchases and to detect any suspicious purchase pattern reviewing regularly purchase orders and management reports on purchases and to detect any suspicious purchase pattern

5. Resignation/Termination of Managers Appointment DMC Manager (schedule 7) Resignation of Manager Resignation of Manager 3 months written notice to owners committee or if no such committee to each owner and displaying a notice in prominent place 3 months written notice to owners committee or if no such committee to each owner and displaying a notice in prominent place termination by a resolution at owners meeting by not less than 50% of the shares in aggregate who are entitled to vote termination by a resolution at owners meeting by not less than 50% of the shares in aggregate who are entitled to vote 3 months written notice plus copy resolution 3 months written notice plus copy resolution

5. Termination of Managers Appointment Non-DMC Manager Under contract terms and conditions; if no contract or no provision to terminate the manager, then fall on the procedures applicable to DMC Manager Under contract terms and conditions; if no contract or no provision to terminate the manager, then fall on the procedures applicable to DMC Manager

6. Court Cases Aberdeen Mansion ( ) Aberdeen Mansion ( ) Kwong Wing House ( ) Kwong Wing House ( ) Lung Fung Garden ( ) Lung Fung Garden ( ) Occupier Liabilities Occupier Liabilities

Q & A Section