Legal fears ripple across homeowners groups

A wedge of resignations are looming among leading lights of owners corporations in old buildings as there are fears they may have to bear legal responsibility for crumbling structures.

That comes after the arrest of the chairman of Po On Building in Mong Kok, where chunks of concrete rained down from the 57-year-old building over four days in July.

An owners corporation chairman told The Standard sister newspaper Sing Tao Daily that if the arrested man is convicted many owners corporation members in other old buildings could resign.

It is understood police have taken statements from several in-charge property management people and chairmen of owners corporations to assist investigations of spalling incidents - when concrete surface patches break up.

Secretary for Development Bernadette Linn Hon-ho has said Buildings Department officials were urging building owners to commence inspection work before mandatory orders are issued and prosecutions mounted at year's end "if maintenance works have not started."

An owners' corporation chairman of a building in Eastern District said some chairmen have quit as well as treasurers and secretaries of management committees.

"We all work on a voluntary basis to serve the neighbors," he said. "If we have to bear legal liabilities [owners corporation members may resign] and buildings will be unmanaged."

The chairman has been with his owners corporation of a 50-year-old building for 20 years, and he said it "has a good relationship with neighbors and they trust us."

But he said the last large-scale maintenance work was carried out more than 20 years ago, and concrete once spalled off the building, but there were no injuries and repairs were carried out immediately.

Like others, he worries that he could bear legal responsibility if another such incident occurs.

Still, he added, "if volunteers will be legally liable the law should be reviewed."

Addressing such concerns, officials of the Home and Youth Affairs Bureau and the Home Affairs Department said owners corporation members would not bear legal responsibility if dealing with building maintenance in a reasonable manner, as specified in the Building Management Ordinance.

The Development Bureau, the Buildings Department, the Urban Renewal Authority and the Home Affairs Department have a mechanism to enhance enforcement of buildings not complying with inspection notices.

But authorities will also provide information on support for owners corporations and property owners and assist them in strengthening liaison with the Buildings Department.

Legal professionals and legislators said, in addition to owners corporations, property owners would need to bear legal responsibilities if casualties or damage is caused by falling concrete.

Legislator Leung Hei of the Democratic Alliance for the Betterment and Progress of Hong Kong suggested property owners thoroughly understand the operation of owners corporations, especially if they have followed mandatory inspection orders, and invite professionals to conduct inspections or repairs.

Barrister Eunice Yung Hoi-yan, the New People's Party vice chairman, said all property owners are equally at risk of bearing legal responsibilities if they allow anything to fall from a building to cause danger or injury to anyone, according to the Summary Offenses Ordinance.

Yung also hopes the administration can provide professional advice to owners corporations, such as appointing engineering or surveying groups to assist in inspection and maintenance work.

And the president of the Hong Kong Institute of Housing, Patricia Chang Yuk-kam, said all property owners may bear criminal or civil liability if they ignore publicity on maintenance and repairs.