Office of Public Sector Information
(introduced by section 4)
1.1 This scheme provides for the management and maintenance of the scheme property of a tenement.
1.2 For the purposes of this scheme, “scheme property” means, in relation to a tenement, all or any of the following—
(a) any part of the tenement that is the common property of two or more of the owners,
(b) any part of the tenement (not being common property of the type mentioned in paragraph (a) above) the maintenance of which, or the cost of maintaining which, is, by virtue of a tenement burden, the responsibility of two or more of the owners,
(c) with the exceptions mentioned in rule 1.3, the following parts of the tenement building (so far as not scheme property by virtue of paragraph (a) or (b) above)—
(i) the ground on which it is built,
(ii) its foundations,
(iii) its external walls,
(iv) its roof (including any rafter or other structure supporting the roof),
(v) if it is separated from another building by a gable wall, the part of the gable wall that is part of the tenement building, and
(vi) any wall (not being one falling within the preceding sub-paragraphs), beam or column that is load bearing.
1.3 The following parts of a tenement building are the exceptions referred to in rule 1.2(c)—
(a) any extension which forms part of only one flat,
(b) any—
(i) door,
(ii) window,
(iii) skylight,
(iv) vent, or
(v) other opening,
which serves only one flat,
(c) any chimney stack or chimney flue.
1.4 A decision is a “scheme decision” for the purposes of this scheme if it is made in accordance with—
(a) rule 2, or
(b) where that rule does not apply, the tenement burden or burdens providing the procedure for the making of decisions by the owners.
1.5 In this scheme—
“maintenance” includes repairs and replacement, cleaning, painting and other routine works, gardening, the day to day running of a tenement and the reinstatement of a part (but not most) of the tenement building, but does not include demolition, alteration or improvement unless reasonably incidental to the maintenance,
“manager” means, in relation to a tenement, a person appointed (whether or not by virtue of rule 3.1(c)(i)) to manage the tenement, and
“scheme costs” has the meaning given by rule 4.1.
1.6 If a flat is owned by two or more persons, then one of them may do anything that the owner is by virtue of this scheme entitled to do.
2.1 Any decision to be made by the owners shall be made in accordance with the following provisions of this rule.
2.2 Except as mentioned in rule 2.3, for the purpose of voting on any proposed scheme decision one vote is allocated as respects each flat, and any right to vote is exercisable by the owner of that flat or by someone nominated by the owner to vote as respects the flat.
2.3 No vote is allocated as respects a flat if—
(a) the scheme decision relates to the maintenance of scheme property, and
(b) the owner of that flat is not liable for maintenance of, or the cost of maintaining, the property concerned.
2.4 If a flat is owned by two or more persons the vote allocated as respects that flat may be exercised in relation to any proposal by either (or any) of them, but if those persons disagree as to how the vote should be cast then the vote is not to be counted unless—
(a) where one of those persons owns more than a half share of the flat, the vote is exercised by that person, or
(b) in any other case, the vote is the agreed vote of those who together own more than a half share of the flat.
2.5 A scheme decision is made by majority vote of all the votes allocated.
2.6 If any owner wishes to call a meeting of the owners with a view to making a scheme decision at that meeting that owner must give the other owners at least 48 hours' notice of the date and time of the meeting, its purpose and the place where it is to be held.
2.7 If an owner wishes to propose that a scheme decision be made but does not wish to call a meeting for the purpose that owner must instead—
(a) unless it is impracticable to do so (whether because of absence of any owner or for other good reason) consult on the proposal each of the other owners of flats as respects which votes are allocated, and
(b) count the votes cast by them.
2.8 For the purposes of rule 2.7, the requirement to consult each owner is satisfied as respects any flat which is owned by more than one person if one of those persons is consulted.
2.9 A scheme decision must, as soon as practicable, be notified—
(a) if it was made at a meeting, to all the owners who were not present when the decision was made, by such person as may be nominated for the purpose by the persons who made the decision, or
(b) in any other case, to each of the other owners, by the owner who proposed that the decision be made.
2.10 Any owner (or owners) who did not vote in favour of a scheme decision to carry out, or authorise, maintenance to scheme property and who would be liable for not less than 75 per cent. of the scheme costs arising from that decision may, within the time mentioned in rule 2.11, annul that decision by giving notice that the decision is annulled to each of the other owners.
2.11 The time within which a notice under rule 2.10 must be given is—
(a) if the scheme decision was made at a meeting attended by the owner (or any of the owners), not later than 21 days after the date of that meeting, or
(b) in any other case, not later than 21 days after the date on which notification of the making of the decision was given to the owner or owners (that date being, where notification was given to owners on different dates, the date on which it was given to the last of them).
Tenements (Scotland) Act 2004