Property Management Services Authority Formulates “Obligations of Property Management Company under the Building Management Ordinance” Code of Conduct
The Property Management Services Authority (PMSA) announced today that the Code of Conduct entitled “Obligations of Property Management Company under the Building Management Ordinance” to be issued pursuant to Section 5(1) of the Property Management Services Ordinance (Cap. 626) will be gazetted next month. The respective Best Practice Guide has also been prepared to provide practical guidance for the property management (PM) industry.
The “Obligations of Property Management Company under the Building Management Ordinance” Code of Conduct aims to ensure that licensed property management companies (PMCs), whether as the deed of mutual covenant (DMC) manager of a property or the person managing the property for the purposes of the DMC, not only have to act in accordance with the provisions of the Building Management Ordinance (Cap. 344) (BMO), but also have to assist and remind the owners or owners’ organisation (including the owners’ corporation (OC) or owners’ committee) (if any) of the property managed by them to deal with PM matters in accordance with the relevant provisions of the BMO. The Code of Conduct covers the following content:
- Requirements for licensed PMCs under the BMO;
- Determination of management expenses;
- Keeping of accounts;
- Opening and maintaining bank account;
- Special fund;
- Procurement arrangements;
- Resignation of Manager;
- Obligations after Manager’s appointment ends;
- Communication among owners;
- Requirements under the BMO which licensed PMC has to remind the OC to comply with; and
- Requirements under the BMO which licensed PMC has to remind owners’ committee to comply with.
Chairperson of the PMSA Dr James WONG said, “The PMSA has formulated the Code of Conduct and its respective Best Practice Guide in consultation with the PM industry, owners’ organisations and the relevant Government department, i.e. Home Affairs Department (HAD) and has appropriately reflected the feedback received from the consultation in the Code and Guide so that the content is more comprehensive, pragmatic and suitable for the use of the industry. We aim to drive the industry to play a more active role under the BMO.”
In order to strengthen the PM industry’s understanding of the relevant requirements of the BMO, the PMSA has, since the implementation of the PM industry licensing regime, collaborated twice with the HAD to organise CPD seminars (the latest one was recently held in 25 October, with participation of over 400 industry practitioners), explaining the obligations of PMCs and practitioners under the BMO, and sharing about the diverse building management support services provided by the HAD, including free legal consultation, dispute resolution, the Central Platform on Building Management, etc.
The PMSA has already issued a total of 18 Codes of Conduct and their relevant Best Practice Guides regarding various PM aspects, including “General Code of Conduct”, “Complaint Handling Mechanism of Property Management Companies”, “Effective Control over Property Management Business by Property Management Companies”, “Handling Moneys Received on behalf of Clients by Property Management Companies”, “Obligations of Property Management Companies regarding the Ending of their Appointment”, “Prevention of Corruption”, “Prescribed Conditions on Licences”, “Protection on Personal Data”, “Handling Payment for or Arranging Payment to be Made by Clients”, “Provision of Prescribed Information and Financial Documents to Clients” , “Carrying out Procurement for Clients and Prevention of Bid-rigging”, “Handling Emergencies”, “Handling Scaffolding Works”, “Handling Suspended Working Platform Works”, “Handling Outsourced Property Management Services”, “Prevention of Corruption – Staff Recruitment and Management”, “Distribution and Display of Promotional Material” and “Tree Management Work”.
The above Codes of Conduct and Best Practice Guides can be downloaded from the PMSA webpage: https://www.pmsa.org.hk/en/regulatory-framework/codes-of-conduct
The PMSA will continue to issue other Codes of Conduct and Best Practice Guides timely, covering different PM areas in order to provide guidance to the industry, including but not limited to the following:
- Handling Building Works;
- Slope Management;
- Fire Installations Management;
- Clubhouse Facilities Management;
- Drinking Water Facilities Management;
- Handling Canopy Works; and
- Handling Instrument of Appointing a Proxy.
Property Management Services Authority organised the Continuing Professional Development Seminar about “The obligations of the Property Management Industry under the Building Management Ordinance (Cap. 344)” on 25 October and invited Home Affairs Department’s Mr CHONG Fu Chuen, Contract Solicitor, and Miss NGAI Ka Man, Sr Liaison Officer, as speakers. Over 400 members of the property management industry participated.
Ends/Friday, 27 October 2023
Issued at HKT 10:00
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