EAQE Buildings, planning and building management question: DMC signed

Answer: B. The Seventh Schedule's minimum resignation notice prevails over the inconsistent DMC clause

Answer: The Seventh Schedule term prevails over the inconsistent clause. Why not the others: - A private contract the law cannot change: Section 34E implies the Seventh Schedule into every DMC and gives it priority over inconsistent terms. - Signed before the Ordinance applied: The implied terms apply to DMCs whenever made. - Only if the Lands Tribunal sets it aside: The override operates by statute; no application is needed. Rule: The Seventh Schedule terms, including the manager's resignation only on not less than three months' notice and the owners' corporation's power to terminate the manager's appointment, are implied into every DMC and prevail over inconsistent provisions. Source: Building Management Ordinance (Cap. 344), section 34E and Seventh Schedule; as at Oct 2026