Tips for Dealing with Building Management for Repairs in Hong Kong

Tips for Dealing with Building Management for Repairs in Hong Kong

Anyone who has lived in a managed building in Hong Kong — which is the vast majority of the population — knows the feeling: you report a leaking pipe, a broken corridor light, or a malfunctioning lift, and days or weeks pass with no action. Or worse, the management office insists the problem is your responsibility when you believe it is a common area issue. Dealing with building management companies and Owners' Corporations (OCs) over repairs is one of the most common sources of frustration for Hong Kong residents. Whether you are an owner or a tenant, knowing how to communicate effectively, assert your rights, and escalate when necessary can make the difference between a problem that lingers for months and one that gets resolved promptly.

Start with Clear, Written Communication

The first rule when reporting a repair issue to your building management is to put everything in writing. Verbal complaints to the management office counter — while a reasonable starting point — leave no record and can be easily denied or forgotten. Here is the recommended approach:

• Write a formal letter or email — Address it to the property management company and, if applicable, the Owners' Corporation Management Committee. State the problem clearly: what the issue is, where it is located (be precise — include the floor, the specific area, and ideally a photo), when you first noticed it, and what action you are requesting. Keep the tone professional and factual.
• Include a reasonable deadline — State that you expect a response within a specified period, such as 7 or 14 days. This sets an expectation and creates a benchmark for escalation.
• Keep copies of everything — Save all letters, emails, and WhatsApp messages. If you submit a physical letter, ask for a receipt stamp or send it by registered mail. This paper trail is essential if the matter later goes to dispute resolution.
• Photograph and date-stamp the problem — Take clear photos or videos showing the issue, with a date visible (most phone cameras include this in metadata). Document any changes over time, especially for issues like water seepage where the damage may worsen.

Understanding What Is Management's Responsibility

One of the most common disputes is about who is responsible for a particular repair. The general rule in Hong Kong is:

• Common parts — The Owners' Corporation (through the management company) is responsible for maintaining common parts: the roof, external walls, structural elements, common pipes and drains, lifts, staircases, lobbies, fire safety installations, and water tanks. These costs are shared among all owners through management fees or special levies.
• Individual units — Each owner is responsible for the interior of their flat, including internal plumbing, electrical wiring, flooring, internal walls, and fixtures. Windows are usually the individual owner's responsibility, though this varies by DMC.
• Grey areas — Many disputes fall into grey areas. A common example: a water pipe runs vertically through your flat but serves the entire building stack — is it a common pipe or your responsibility? Generally, if it serves more than one unit, it is a common pipe. But the definitive answer lies in your building's Deed of Mutual Covenant (DMC).

Obtain a copy of your building's DMC from the Land Registry (available online at HK$10 per page through the Integrated Registration Information System, or IRIS). The DMC is the legal document that defines common parts, management responsibilities, and the rights of owners. Quoting specific DMC clauses in your correspondence with management adds significant weight to your request.

Your Rights Under the DMC and Building Management Ordinance

Hong Kong's Building Management Ordinance (BMO), Cap. 344, provides a framework of rights for building owners:

• Right to information — You have the right to inspect the OC's financial statements, meeting minutes, and the building's maintenance records. The management committee must make these available upon reasonable request.
• Right to call meetings — If 5% of owners (by shares) request a general meeting, the management committee is obliged to convene one. This is a powerful tool if management is ignoring a widespread repair issue.
• Right to vote — All owners can vote on matters at general meetings, including the appointment or removal of the management company, approval of major repair works, and changes to management fees.
• Right to challenge decisions — If you believe the OC or management committee has made an unreasonable decision (or failed to act when required), you can apply to the Lands Tribunal for an order under Section 45 of the BMO.

Escalation: When Management Refuses to Act

If polite, written requests have not produced results, you have several escalation options:

• Formal complaint to the management company's head office — Many buildings are managed by large property management firms (such as Kai Shing, Savills, Jones Lang LaSalle, or Sino Property Services). If the on-site management office is unresponsive, escalate to the company's head office with copies of your previous correspondence.
• Raise the issue at the next AGM or EGM — Bring the repair issue to the attention of all owners at a general meeting. Request that it be placed on the agenda in advance. Collective pressure from multiple owners is far more effective than individual complaints.
• Contact the Home Affairs Department — The District Building Management Liaison Teams under the Home Affairs Department provide free mediation and advisory services for building management disputes. They can intervene when management companies or OCs fail to fulfil their obligations.
• Apply to the Lands Tribunal — For serious disputes, such as refusal to carry out essential repairs that affect building safety, you can apply to the Lands Tribunal for an order compelling the OC to act. Legal costs are involved, so this is a last resort, but the threat of Tribunal action can itself motivate management to respond.
• Report to the Buildings Department — If the repair issue involves building safety — such as structural defects, unauthorised building works, or dangerous conditions — you can report it to the Buildings Department (BD). The BD has the power to issue repair orders and take enforcement action against building owners.

Common Disputes and How to Resolve Them

Certain types of repair disputes come up repeatedly in Hong Kong buildings:

• Water seepage between flats — This is arguably the most common building dispute in Hong Kong. When water leaks from an upper floor into a lower floor, responsibility depends on where the leak originates. The Joint Office of the Food and Environmental Hygiene Department and Buildings Department operates a free investigation service for inter-flat seepage. Apply through the government's 1823 hotline or online. They will conduct moisture tests and identify the source. Once the source is confirmed, the responsible party (whether an individual owner or the OC for common pipes) must carry out repairs.
• External wall and window repairs — Under the Mandatory Building Inspection Scheme (MBIS), buildings aged 30 years or more may receive statutory notices requiring inspection and repair of external walls and common areas. The OC is responsible for organising and funding these works. If your building has received an MBIS notice and management is not acting, report the non-compliance to the Buildings Department.
• Lift maintenance and breakdowns — Frequent lift breakdowns are a serious quality-of-life issue, especially in buildings with many elderly residents. The management company is responsible for maintaining lifts in safe and serviceable condition. If lifts are repeatedly breaking down, request copies of the maintenance records and inspection reports. Persistent problems may indicate that the management company is cutting costs on maintenance contracts.
• Pest control — Rats, cockroaches, and mosquitoes in common areas are the management company's responsibility. If pest problems persist despite complaints, escalate to the Food and Environmental Hygiene Department (FEHD), which can issue nuisance orders.

Tips for Tenants

If you are a tenant rather than an owner, your position is different. Your direct contractual relationship is with your landlord, not the management company. For common area issues, report them to both the management office and your landlord. For issues within your flat, your tenancy agreement determines responsibility — most standard AST agreements in Hong Kong make the landlord responsible for structural and major repairs, while the tenant handles minor maintenance. If your landlord is unresponsive, you may have grounds to seek a rent reduction through negotiation or, in extreme cases, to terminate the tenancy early — but seek legal advice first.

Dealing with building management can be a test of patience, but Hong Kong's legal framework provides genuine protections for owners. The key is persistent, documented, written communication — and knowing when and how to escalate. Most management companies will respond when they see that a resident knows their rights and is prepared to use them.