(IX) Deed of Mutual Covenant and Owners' Corporation
   
A Deed of Mutual Covenant (“DMC”) is a document containing terms that are binding on all flat owners of a multi-unit or multi-storey building. Once a DMC is signed by the owner of a flat and the developer, it binds all the subsequent owners. It basically sets out rules for the management and regulation of the building. A detailed DMC can run to over a hundred pages. Terms in a DMC may include, for example:
- residential flats cannot be used for commercial activities;
- definition of the common areas of the building;
- restrictions on the flat owners (e.g. no keeping of cats and dogs);
- how to appoint a building manager (or building management company);
- how to set up an Owners' Corporation;
- how to make resolutions on matters concerning maintenance or renovation;
- who should specify the management fees, and how.
No matter how a DMC is drafted, no provision may contravene the Building Management Ordinance (Cap. 344 of the Laws of Hong Kong).
- What are the functions of the Owners' Corporation and the building manager?
- How to set up an Owners' Corporation?
|