If you are not able to change your property titles, you and your fellow co-owners can agree to temporarily divide shares differently to what is stated in the titles.

The permanent solution to changing shares it to change your titles. This is because the titles are binding on all current and future owners. If this is not possible, you may have two temporary solutions.

First temporary solution

The default rules in the Tenements (Scotland) Act 2004 allows the owners to make a one-off scheme decision to divide costs for a particular repair differently to what is stated in the titles. This may be useful if one owner cannot agree to a repair due to financial reasons, as the other owners can agree to pay a larger share in order to get the repair done and avoid any further deterioration. This agreement will not apply to future repairs unless a similar scheme decision is taken.

Second temporary solution

Alternatively, all owners could sign an agreement to divide the shares differently to what is stated in the titles. This agreement will then form a legally binding contract between owners that can be upheld in law. This agreement does not change your titles and is a completely separate agreement between the owners.

The downside to entering into a separate agreement is that if one owner sells, the new owner is not obliged to keep to the same arrangement. You can only make a change binding on incoming owners if all owners change their titles.

Any contract between the owners which does not formally change the titles is enforceable between and by these owners only. You may find that a property factor is unwilling to invoice according to the new temporary shares as they are bound only to act in accordance with the titles, the Tenements (Scotland) Act 2004, and the Property Factors (Scotland) Act 2011.

You should consult a solicitor before entering into any legally binding contracts.