### Building Management Ordinance 《建築物管理條例》

34D. Interpretation
(1) In this Part and Schedules 7 and 8, unless the context otherwise requires— (Amended 5 of 2007 s. 56)
DMC manager (公契經理人), in relation to a building, means the person who is specified in the deed of mutual covenant to manage the building; (Added 5 of 2007 s. 20)
manager (經理人), in relation to a building, means the DMC manager or any other person who for the time being is, for the purposes of the deed of mutual covenant, managing the building; (Replaced 5 of 2007 s. 20)
material date (關鍵日期) means the commencement* of section 29 of the Multi-storey Buildings (Owners Incorporation) (Amendment) Ordinance 1993 (27 of 1993);
owners’ committee (業主委員會), in relation to a building, means the committee of owners (howsoever named) formed under or in accordance with the deed of mutual covenant in respect of the building. (Replaced 5 of 2007 s. 20)
(2) In this Part and Schedule 7, a reference to a resolution of the owners’ committee is a reference to a resolution passed by a majority of the votes of the members of the owners’ committee present at a meeting convened and conducted in accordance with the deed of mutual covenant. (Amended 5 of 2007 s. 56)
(3) In this Part and Schedule 7, a reference to a resolution of the owners is— (Amended 5 of 2007 s. 20)
(a) if there is a corporation, a reference to a resolution passed at a general meeting of the corporation convened and conducted in accordance with Schedule 3; or (Amended 5 of 2007 s. 56)
(b) if there is no corporation, a reference to a resolution passed by a majority of the votes of the owners voting either personally of by proxy at a general meeting convened and conducted in accordance with the deed of mutual covenant.
(4) (Repealed 5 of 2007 s. 20) Editorial Note:
* Commencement date: 8 May 1993.

### Building Management Ordinance 《建築物管理條例》

34F. Terms added if consistent with deed of mutual covenant
(1) The provisions in Schedule 8 shall, to the extent that they are consistent with the deed of mutual covenant, be impliedly incorporated— (Amended 5 of 2007 s. 58)
(a) into every deed of mutual covenant made on or after the material date; and
(b) as from the material date, into every deed of mutual covenant made before that date.
(2) Subject to subsection (3), the provisions incorporated into a deed of mutual covenant by virtue of this section shall bind the owners and manager of the building.
(3) Any provision in Schedule 8 that is impliedly incorporated into a deed of mutual covenant under this section may, insofar as that provision is so incorporated, by a resolution of the owners, be amended, deleted, or re-incorporated into the deed of mutual covenant. (Amended 5 of 2007 s. 58)
(4) This section shall not operate to attach new legal consequences to any act done or omission occurring under a deed of mutual covenant before the material date.

34G. Management expenses of unsold property
(1) If, at the time a deed of mutual covenant was or is made in respect of a building, any share in the building had not or has not been sold, the owner for the time being of the share shall, for so long as it remains unsold, be liable to pay the management expenses relating to the share as if he had purchased that share subject to the deed of mutual covenant.
(2) This section shall not operate to make any person liable to pay management expenses in respect of a period before the material date.

34H. Duty to maintain property
(1) Where a person who owns any part of a building, has the right to the exclusive possession of any part of a building or has the exclusive right to the use, occupation or enjoyment of that part, as the case may be, but the deed of mutual covenant in respect of the building does not impose an obligation on that person to maintain the part in good repair and condition, that person shall maintain that part in good repair and condition. (Amended 69 of 2000 s. 14)
(2) The obligation in subsection (1) shall be deemed to be an obligation owed to all owners of the building under the deed of mutual covenant.

### Building Management Ordinance 《建築物管理條例》

34I. Common parts
(1) No person may—
(a) convert any part of the common parts of a building to his own use unless such conversion is approved by a resolution of the owners’ committee (if any);
(b) use or permit to be used the common parts of a building in such a manner as—
(i) unreasonably to interfere with the use and enjoyment of those parts by any owner or occupier of the building; or
(ii) to cause a nuisance or hazard to any person lawfully in the building.
(2) Any person who contravenes subsection (1) shall be deemed to be in breach of an obligation imposed on him by the deed of mutual covenant in respect of the building.

34J. Right to establish corporation and conduct business
(1) No provision in a deed of mutual covenant or other agreement shall operate to prevent the owners of any building from being registered as a corporation under this Ordinance and any such provision shall be void and of no effect.
(2) No provision in a deed of mutual covenant (whether such provision is of a procedural nature or otherwise) shall operate to prevent any business relating to the management of a building being conducted at any meeting by any owner or any person managing the building and any such provision shall be void and of no effect.
(3) Any provision in a deed of mutual covenant relating to a quorum at any meeting the attainment of which is in practice impossible or virtually impossible to achieve and which has the effect of preventing or frustrating the consideration at that meeting of any business relating to the management of a building by any owner or any person managing the building shall be void and of no effect.
(4)  The reference to any business relating to the management of a building

34K. Management committee to replace owners’ committee
Where a management committee in respect of a building is or has been appointed under section 3, 3A, 4 or 40C, the members of the management committee for the time being shall be deemed, for the purposes of the deed of mutual covenant in respect of that building, to be the owners’ committee and shall— (Amended 69 of 2000 s. 15)
(a) to the exclusion of any other persons have all the functions, powers and duties of the owners’ committee under the deed of mutual covenant; and
(b) in relation to those functions, powers and duties be subject to Schedule 2, even if that Schedule is inconsistent with the deed of mutual covenant. (Amended 5 of 2007 s. 60)