10:54 AM, 26th July 2021, About 2 years ago 2
I have an HMO property in a block of flats in Scotland. The block is owned by 6 owners.
The owners do not co-operate or share the costs for common repairs.
Does anyone have any experience of paying for common repairs in Scotland when the other owners do not want to pay?
Editor Note: From >> https://www.mygov.scot/common-area-repairs/your-responsibilities
All owners in a tenement are usually jointly responsible for keeping common areas in good condition, but this isn’t always the case.
To find out what areas you’re responsible for, you can check your title deeds. These should tell you:
These conditions are known as ‘real burdens’. They’re part of the terms of owning your flat, and were agreed when you bought it.
If you can’t find your title deeds, you can get a copy from the Registers of Scotland, the solicitor who did the conveyancing when you bought the flat, or your mortgage lender.
Most of your legal rights and responsibilities for common areas only count when ‘maintenance’ is being carried out.
Maintenance doesn’t mean:
Sometimes a group of owners may decide to hire someone to take care of the maintenance and repair responsibilities for them.
These are called property factors (sometimes called property managers), and for a fee they can:
Find out more information on property factors.
Sometimes your title deeds will lay nothing down or have gaps which could lead to some problems when trying to make decisions with other owners in your tenement.
For example, your title deeds might not:
If this is the case, you and the other owners can revert to the ‘Tenement Management Scheme’ found at Schedule 1 of the Tenement (Scotland) Act 2004. This fills in the gaps in title deeds and helps make flat owners’ responsibilities more clear.
If you and the other owners can’t decide on if and how you should carry out certain maintenance, the Tenement Management Scheme will explain how you should come to an agreement.
You and the other owners may make scheme decisions on:
These decisions will usually be made with a voting system, with each property representing one vote. The Tenement Management Scheme will give details on how this should be carried out.
Once a scheme decision is made, owners become responsible for the cost of carrying out any maintenance or repairs needed.
Your title deeds usually tell you how the costs should be shared between owners, but if there is nothing laid down or there are gaps you may use the Tenement Management Scheme.
Under a Tenement Management Scheme, all owners pay an equal share of the costs of maintenance and repairs, except:
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