Section 77
Independence of property manager or managing agent
of Strata Management Ordinance, 2019
—
A person shall not be appointed as a property manager or managing agent if he has a professional or pecuniary interest in any building or land intended to be subdivided into parcels or any subdivided building or land.
(2)
A person is regarded as having a professional or pecuniary interest in any building or land intended to be subdivided into parcels or any subdivided building or land if—
(a)
he has been responsible for the design or construction of the building or land intended to be subdivided into parcels or any part of the subdivided building or land;
(b)
he or any of his nominees, officers or employees has any material interest in the building or land intended to be subdivided into parcels or any part of the subdivided building or land;
(c)
he is a partner or is in the employment of a person who has any material interest in the building or land intended to be subdivided into parcels or any part of the subdivided building or land; or
(d)
he or his family holds any interest in the building or land intended to be subdivided into parcels or any part of the subdivided building or land whether directly as a trustee or otherwise.
(3)
For the purpose of this section—
(a)
“material interest” means having an aggregate share unit of parcels which is not less than five per cent of the aggregate share unit of all the parcels in the development; and
(b)
“family” includes spouse, brother or sister of that person or the spouse, parents of that person or the spouse,
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children including adopted children of that person or the spouse.