Seminar on integrity and Quality Building management for HKIS by hcj

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									Seminar on integrity
and Quality Building
Management for HKIS
Mr. Chung Pui Lam, Solicitors, SBS, JP
        16th 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 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 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
          2. Role of the Manager
   To enface the provisions and covenants in the DMC
    and if necessary, taking legal proceedings

   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);
      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 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

   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
         5. Resignation/Termination of
            Manager’s Appointment
DMC Manager (schedule 7)

   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

   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
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
              6. Court Cases

   Aberdeen Mansion (添喜大廈)

   Kwong Wing House (國榮大樓)

   Lung Fung Garden (龍豐花園)

   Occupier Liabilities
Q & A Section

								
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