Introductory Text
PART 1 Introductory
1.Citation, commencement and extent
2.Interpretation
PART 2 The Development Management Scheme
3.The Development Management Scheme
4.Owners' association
5.Application of provisions of the Act to rules of Scheme
PART 3 Variation of the Development Management Scheme
6.Variation of Scheme in deed of application
7.Variation of Scheme with agreement of owners of affected and adjacent units
8.Variation of Scheme generally by owners' association
9.Intimation of variation under article 8
10.Enforcement of rules by members
11.Further provision as respects deeds of variation
PART 4 Rights of creditors
12.Rights of creditors
13.Conditions referred to in article 12
PART 5 Challenges to operation of the Scheme
14.Application to sheriff for annulment of decisions made under Scheme
15.Application to sheriff for order resolving certain disputes
PART 6 General
16.Liability of successor for service charge
17.Continued application of the rules following disapplication of the Scheme
18.The expression “owner”
19.Sending
20.Scheme property
21.Tenements – emergency work, redistribution of costs
PART 7 Powers of the Lands Tribunal for Scotland
22.Powers of the Lands Tribunal
23.Special provision as to variation or discharge of rules
24.Notification of application
25.Content of notice
26.Persons entitled to make representations
27.Representations
28.Granting applications for discharge, variation or preservation of a rule
29.Expenses
30.Taking effect of orders of Lands Tribunal etc.
31.Registration of orders
Signature
SCHEDULE 1
DEVELOPMENT MANAGEMENT SCHEME
PART 1 INTERPRETATION
RULE 1 – INTERPRETATION
1.Definitions
PART 2 THE OWNERS' ASSOCIATION
RULE 2 – ESTABLISHMENT, STATUS ETC.
2.1.Establishment
2.2.Status
2.3.Members of the association
2.4.Address of association
RULE 3 – FUNCTION, POWERS AND ENFORCEMENT
3.1.Function of association
3.2.Powers of the association
3.3.Prohibited activities
3.4.Scheme to be binding
3.5.Enforcement of scheme
3.6.Regulations
RULE 4 – THE MANAGER
4.1.Association to have manager
4.2.Power to remove manager
4.3.Validity of actings of manager
4.4.Manager to be agent
4.5.Exercise of powers
4.6.Duties owed to association and members
4.7.Manager to comply with directions
4.8.Information about management
4.9.Notice to manager on sale etc. of unit
RULE 5 – EXECUTION OF DOCUMENTS
5.Execution of documents by association
RULE 6 – WINDING UP
6.1.Commencement of winding up
6.2.Distribution of funds
6.3.Final accounts
6.4.Automatic dissolution of association
6.5.Delayed dissolution
PART 3 MANAGEMENT
RULE 7 – APPOINTMENT OF MANAGER
7.1.First manager
7.2.Appointment of manager
7.3.Certificate of appointment
RULE 8 – DUTIES OF MANAGER
8.Duties of manager
RULE 9 – CALLING OF GENERAL MEETINGS
9.1.First annual general meeting
9.2.Annual general meetings
9.3.Other general meetings
9.4.Calling of meeting
9.5.Validity of proceedings
9.6.Member’s right to call meeting in certain circumstances
9.7.Procedure where member calls meeting
RULE 10 – GENERAL MEETINGS: QUORUM
10.1.Number required for quorum
10.2.Quorum necessary for meeting to begin
10.3.No quorum at postponed meeting
10.4.Quorum need not be maintained
RULE 11 – GENERAL MEETINGS: VOTING
11.1.Allocation and exercise of votes
11.2.Exercise of vote where two or more persons own unit
11.3.Decision by majority
11.4.Method of voting
RULE 12 – GENERAL MEETINGS: FURTHER PROVISIONS
12.1.Election of convener
12.2.Additional business
12.3.Manager to attend and keep record of business transacted
RULE 13 – SPECIAL MAJORITY DECISIONS
13.1.Special majority required
13.2.Consent of owner to be given where not common property
RULE 14 – EMERGENCY WORK
14.1.Power to instruct etc.
14.2.Reimbursement of member
14.3.Meaning of “emergency work”
RULE 15 – ADVISORY COMMITTEE
15.1.Power to elect advisory committee
15.2.Manager to consult advisory committee
RULE 16 – VARIATION
16.1.Deeds of variation under article 7
16.2.Deeds of variation under article 8 and deeds of disapplication
RULE 17 – WINDING UP
1.Distribution of funds on winding up
PART 4 FINANCIAL MATTERS
RULE 18 – ANNUAL BUDGET
18.1.Duty of manager to prepare annual budget
18.2.Content of draft budget
18.3.Consideration of draft budget by association
18.4.Rejected budget – payment of service charge
18.5.Revised draft budget
RULE 19 – SERVICE CHARGE
19.1.Amount of service charge
19.2.Service charge exemption
19.3.Manager to collect service charge
19.4.Redistribution of share of costs
19.5.Interest payable on overdue service charge
19.6.Interpretation of rule 19
RULE 20 – ADDITIONAL SERVICE CHARGE
20.1.Additional service charge
20.2.Limit on amount of additional service charge
20.3.Supplementary budget
RULE 21 – FUNDS
21.1.Association funds
21.2.Special treatment of certain funds
21.3.Reserve fund
RULE 22 – SENDING
22.1.Sending
22.2.Method of sending
22.3.Date of sending
SCHEDULE 2
Article 9(2)
Explanatory Note