We have a long history in advising in relation to property management issues including, for example, working on the original management structure for Canary Wharf in London and the management structure for a Government sponsored new town at a former American air-base in the Philippines. In Hong Kong, our experience has been in drafting and implementing deeds of mutual covenant in the context of the Building Management Ordinance for a range of properties and advising on the incorporation of owners and due processes under that Ordinance. In India this has included applying the condominium regulations to commercial premises.
Examples of our experience include:
- Advising the owners of several residential and commercial buildings in Hong Kong with regard to incorporation under the Building Management Ordinance and processes and approvals regarding refurbishment; the limitation of the manager’s and developer’s powers; and the scope and enforcement of the manager’s duties
- Advising several property management companies with regard to their duties and powers under the Building Management Ordinance, particularly as to the inter-relationship of that ordinance with the contractual provisions in the relevant deed of mutual covenant and in enforcement proceedings against owners in default
- Drafting numerous deeds of mutual covenant for office, retail and residential buildings
- Advising a UK based real estate fund on the proposed acquisition of a substantial part of a multi-owned commercial building in Hong Kong and the viability of its upgrade and operational strategies in the context of the relevant deed of mutual covenant
- Acting for an US bank as international counsel in respect of the management structure of a commercial building in India in the context of the requirements of the local co-ownership regulations