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A Shared Facilities Agreement sets out how multiple parties share and maintain common areas or equipment within a property development. In Hong Kong's dense urban environment, these agreements commonly cover shared lobbies, lifts, loading bays, and central building systems between retail, office, or residential components of mixed-use developments.

These agreements specify cost allocation, maintenance responsibilities, access rights, and dispute resolution mechanisms. They're particularly important under Hong Kong's Building Management Ordinance, as they help prevent conflicts between different owners and ensure smooth daily operations. Property managers and developers often use them alongside Deeds of Mutual Covenant to create clear frameworks for shared space management.

Create a Shared Facilities Agreement when multiple parties need to share common areas or building systems in Hong Kong properties. This typically happens during the development of mixed-use buildings, when dividing retail podiums from office towers, or when separating commercial and residential components within the same complex.

The agreement becomes essential before occupancy begins, especially for developments under Hong Kong's Building Management Ordinance. It helps prevent future disputes by clearly defining each party's rights and responsibilities upfront. Most importantly, it establishes how costs will be shared, maintenance will be handled, and who controls access to shared spaces like lobbies, loading docks, and central facilities.

• Basic Management Agreement: Covers fundamental sharing of common areas and facilities in standard commercial or residential buildings, focusing on day-to-day operations and cost allocation
• Mixed-Use Complex Agreement: Detailed arrangements for developments combining retail, office, and residential components, with specific provisions for each user type
• Specialized Facilities Agreement: Tailored for unique facilities like car parks, cooling systems, or loading bays, with technical specifications and usage protocols
• Multi-Owner Agreement: Designed for properties with multiple independent owners, emphasizing voting rights and decision-making processes
• Temporary Sharing Agreement: Short-term arrangements for construction phases or interim periods during development stages

• Property Developers: Draft initial agreements during project planning and handle negotiations between future occupants
• Building Owners: Sign and comply with agreements, participate in cost-sharing arrangements for shared facilities
• Property Management Companies: Implement and enforce the agreement's terms, coordinate maintenance and access
• Commercial Tenants: Follow rules for shared space usage, contribute to maintenance costs as specified
• Legal Advisors: Draft and review agreements, ensure compliance with Hong Kong's Building Management Ordinance
• Facilities Managers: Execute day-to-day operations according to agreement terms, monitor shared system performance

• Property Details: Map out all shared areas, facilities, and systems that need coverage in the agreement
• Usage Patterns: Document how different parties will use shared spaces and peak usage times
• Cost Analysis: Calculate maintenance expenses and develop fair allocation methods among parties
• Party Information: Gather full legal names and details of all participating entities
• Operating Hours: Define access times and scheduling for shared facilities
• Maintenance Schedule: Plan regular upkeep routines and responsibility assignments
• Insurance Requirements: Determine coverage needs for shared areas under Hong Kong regulations
• Decision Framework: Establish clear processes for future changes or dispute resolution

• Parties & Properties: Clear identification of all involved parties and detailed property descriptions
• Shared Areas Definition: Specific listing of all common facilities and their permitted uses
• Cost Allocation: Detailed breakdown of expense sharing formulas and payment terms
• Management Structure: Decision-making processes and voting rights for facility matters
• Access Rights: Operating hours and security protocols for shared spaces
• Maintenance Obligations: Responsibilities for upkeep and repairs
• Insurance Requirements: Coverage types and minimum amounts required
• Dispute Resolution: Procedures aligned with Hong Kong arbitration laws
• Termination Provisions: Conditions and processes for ending the agreement

While a Shared Facilities Agreement and a Facilities Management Agreement might seem similar, they serve distinctly different purposes in Hong Kong's property management landscape. Let's explore their key differences:

• Scope and Purpose: Shared Facilities Agreements focus on rights and cost-sharing between multiple parties using common areas, while Facilities Management Agreements outline how a single management company will operate and maintain the entire property
• Party Structure: Shared Facilities Agreements involve multiple co-owners or users as equal parties, whereas Facilities Management Agreements establish a service relationship between one property owner and a management company
• Cost Allocation: Shared Facilities Agreements detail how expenses are divided among users, while Facilities Management Agreements specify management fees and service charges paid to the management company
• Decision Making: Shared Facilities Agreements require consensus among parties for major decisions, but Facilities Management Agreements give operational control to the management company within agreed parameters