Contacting owners
It's good practice to have a list of owners and their contact details, including email addresses and phone numbers, if possible. If you have a factor or property manager, they should hold this information. A recent decision by the Information Commissioner allows (but does not oblige) property managers to release this information to co-owners.
When making decisions, you should take all reasonable steps to contact owners.
The Tenements Act says you may contact owners, and take votes, by:
- Post
- Other delivery method
- Electronic communication
When notifying owners by post, keep copies and obtain proof of postage from the Post Office.
If sending a notice with a time limit for action, then the first day is taken as being the day the letter or electronic communication was sent.
If you can't contact an owner, you can post a letter, addressed to 'The Owner' through the flat letter box. Get another neighbour to act as witness.
If the owner uses an agent, then you should contact that agent.
Next steps
Legal reference for contacting owners
Tenements (Scotland) Act 2004, s 30
Tenement Management Scheme, Rules 2.6 and 2.7, and 9
Legal reference for notifying owners
Tenement Management Scheme, Rule 3.4