As always, check your title deeds to see what applies to your building. If there is nothing, or it is unworkable, then act as below.
The default rules in the Tenements (Scotland) Act 2004 provide that:
- decisions about maintenance are made by a simple MAJORITY decision (one vote per flat)
- decisions about improvements need ALL owners to agree
Maintenance decisions normally made by majority vote include the following:
- carrying out maintenance
- what needs to be done
- organising surveys
- appointing contractors
- running a maintenance account
- installing door entry systems
- installing insulation (even if this is technically an improvement)
- excusing an owner’s share (although only those responsible for the costs can make this decision if not a whole tenement repair)
- authorising (or ratifying) repairs already carried out (e.g. emergency repairs) or decisions made not in line with the appropriate rules
- changing previous decisions already properly made
Once you’ve got an agreement to go ahead with repairs, there will be further decisions to be made, such as which contractors to use, how to manage the contract, or how much each owner needs to pay for repairs. These decisions are also made by majority vote.
If you cannot get agreement to essential repairs necessary to provide support and shelter to your building, consider using the Duty to Maintain and other ways of enforcing repairs.
Further action
Once you have made some progress with agreeing to repairs, you should protect your position using a Notice of Potential Liability for Repairs.
Legal reference
Making decisions about works
What is maintenance?
