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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationWhich of the following statements is/are correct? (i) A DMC binds successors in title once registered, though they did not sign it. (ii) A Government lease's special conditions may restrict the user of the lot. (iii) A developer needs the Director of Lands' consent to pre-sell uncompleted units where the lease restricts alienation before compliance. (iv) An owners' corporation is registered by the Companies Registry.
Answer: (i), (ii) and (iii) only. (i) True. Section 41 of the Conveyancing and Property Ordinance lets DMC covenants run with the land. (ii) True. Special conditions usually include the permitted user. (iii) True. Where the lease restricts alienation before compliance, pre-sale needs consent under the Lands Department's Consent Scheme. (iv) False. An owners' corporation is registered by the Land Registrar under the Building Management Ordinance. Rule: Title, user and sale restrictions come from the Government lease and the DMC; owners' corporations are created under the Building Management Ordinance. Source: Conveyancing and Property Ordinance (Cap. 219), section 41; Building Management Ordinance (Cap. 344); Lands Department Consent Scheme; as at Oct 2026
Thinking owners' corporations are companies under the Companies Ordinance.
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