More than 40 homeowners from Fairview Park in Yuen Long petitioned the Home Affairs Department on Thursday, saying their estate had been left in a legal vacuum as the result of a loophole in the Building Management Ordinance.

The owners, part of a representative group from the estate, said the department's officials, in response to a query as to why the estate was not covered by the Building Management Ordinance, replied with a technical explanation for the exclusion, denying them the statutory right to form an owners' corporation.

Chim, one of the representatives from an association formed to lobby for the right to do so, said the rights of the owners have been harmed as a result of the estate falling outside the ordinance's ambit.

"If we were covered by the Building Management Ordinance and we were not satisfied with the estate's management, we could still vote to change the composition of the incorporated owners' committee. But now, we don't even have the right to form an owners' corporation," Chim said.

The owners' representatives group said the government failed to amend the law despite the Legislative Council's bills committee recognising there was a legal loophole as early as 2005 and promising to "continue to deal with" the issue.

Chim said owners had approached the Chief Executive's Office and the water supplies and home affairs departments but that no department had taken up their case "directly".

The group hopes the government can amend the law as soon as possible, saying the issue has been neglected for more than 20 years.

Adding to the urgency for owners has been a move taken this month by the estate's property management company to terminate a HK$500 million water pipe replacement plan in spite of ongoing leaks.