Building Management & Owners' Corporations
143 cases · July 2023 to July 2026
Overview
Building Management & Owners' Corporations appears in 143 reported Hong Kong judgments (2023–2026).
Disputes involving owners' corporations, building managers and management of multi-owner buildings.
Building management disputes concern the running of multi-owner buildings and the relationships between individual owners, owners' corporations and appointed managers. The recurring issues include the recovery of unpaid management fees and contributions, challenges to the validity of owners' meetings and resolutions, the interpretation and enforcement of the deed of mutual covenant, liability for the cost of major repairs and maintenance, unauthorised building works and obstruction of the common parts, and disputes over the appointment and conduct of managers. The Building Management Ordinance supplies the statutory scheme under which owners' corporations are formed and operate, and it works alongside each building's deed of mutual covenant.
These disputes are most often heard in the District Court and the Lands Tribunal, which has a dedicated building management jurisdiction, with some matters proceeding in the Court of First Instance. Appeals lie to the Court of Appeal and, on points of general importance, to the Court of Final Appeal.
Authorities such as [2024] HKDC 1102 and [2024] HKCFI 2992 illustrate how the courts resolve disputes over contributions and the management of common property, while [2024] HKCA 589 concerns an owners' corporation's enforcement of its rights and [2024] HKCFA 3 addresses the responsibilities attaching to a building's common parts.
Court Distribution
Across 5 courts.
Key Cases
Most-cited 60 of 143How many Building Management & Owners' Corporations cases are reported in Hong Kong courts?
143 reported Hong Kong judgments (2023–2026) involve Building Management & Owners' Corporations.
What is an owners' corporation and what powers does it have?
An owners' corporation is a statutory body formed by the owners of a building under the Building Management Ordinance to manage the common parts. It can sue and be sued in its own name, enter into contracts, recover contributions from owners, arrange repairs and insurance, and enforce the deed of mutual covenant. Its powers are exercised through management committees and owners' meetings, and its decisions must be taken in accordance with the ordinance and the building's own instruments.
How are unpaid management fees recovered from an owner?
An owners' corporation or manager may bring proceedings to recover arrears of management fees and contributions as a debt, often in the District Court or the Lands Tribunal. The obligation to contribute usually arises under the deed of mutual covenant and the Building Management Ordinance. The court will examine whether the charges were properly levied and whether the correct procedures were followed, and it may also address interest and the costs of recovery.
Can an owner challenge a decision made at an owners' meeting?
An owner may challenge a resolution on grounds such as failure to give proper notice, lack of the required quorum or majority, or a decision taken outside the powers conferred by the Building Management Ordinance or the deed of mutual covenant. Challenges are commonly brought before the Lands Tribunal. The court considers whether the meeting and the resolution complied with the applicable procedural and substantive requirements before deciding whether to set the decision aside.