Voting

These are the rules that apply in most tenements, but you must check your own tenement rules in case there are differences. While most title deeds are straightforward in this respect, some have some very strange rules!

These are the rules that apply in most tenements, but check your title deeds in case there are any differences. 

  • there is one vote per flat (including jointly-owned flats)
  • if the decision is about a mutual repair, then only those owners involved can vote
  • an owner can nominate another person (for instance, their letting agent or a relative) to act on their behalf
  • a properly made decision is binding on all owners, and their successors, even if they did not agree - if owners do not agree with a decision, there are some (limited) grounds for appealing or annulling the decision

A majority decision is one made by e.g. four owners out of six agreeing, five owners out of eight agreeing.

A tied decision (e.g. three out of six owners agreeing) is not a majority decision. Consider invoking the Duty to Maintain if urgent repairs are required.

Legal reference

Making decisions about works

Tenement Management Scheme, Rule 3.2

Binding decisions

Tenement Management Scheme, Rule 8

One vote per flat

Tenement Management Scheme, Rule 2.2

Voting on mutual repairs

Tenement Management Scheme, Rule 2.3

Nominations

Tenement Management Scheme, Rule 2.2

Joint owners

Tenements (Scotland) Act 2004, s 28 (7)

and

Tenement Management Scheme, Rules 1.6, 2.4, 2.8