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The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009

S.I. 2009/729 · Made 18 March 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CONSTITUTIONAL LAW

DEVOLUTION, SCOTLAND

TITLE CONDITIONS, SCOTLAND

Made 18th March 2009

Laid before Parliament 24th March 2009

Coming into force 1st June 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 104, 112(1) and 113(2), (3) and (7) of the Scotland Act 1998f1:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. Part 2: The Development Management Scheme
  5. 3The Development Management Scheme
  6. 4Owners' association
  7. 5Application of provisions of the Act to rules of Scheme
  8. Part 3: Variation of the Development Management Scheme
  9. 6Variation of Scheme in deed of application
  10. 7Variation of Scheme with agreement of owners of affected and adjacent units
  11. 8Variation of Scheme generally by owners' association
  12. 9Intimation of variation under article 8
  13. 10Enforcement of rules by members
  14. 11Further provision as respects deeds of variation
  15. Part 4: Rights of creditors
  16. 12Rights of creditors
  17. 13Conditions referred to in article 12
  18. Part 5: Challenges to operation of the Scheme
  19. 14Application to sheriff for annulment of decisions made under Scheme
  20. 15Application to sheriff for order resolving certain disputes
  21. Part 6: General
  22. 16Liability of successor for service charge
  23. 17Continued application of the rules following disapplication of the Scheme
  24. 18The expression “owner”
  25. 19Sending
  26. 20Scheme property
  27. 21Tenements – emergency work, redistribution of costs
  28. Part 7: Powers of the Lands Tribunal for Scotland
  29. 22Powers of the Lands Tribunal
  30. 23Special provision as to variation or discharge of rules
  31. 24Notification of application
  32. 25Content of notice
  33. 26Persons entitled to make representations
  34. 27Representations
  35. 28Granting applications for discharge, variation or preservation of a rule
  36. 29Expenses
  37. 30Taking effect of orders of Lands Tribunal etc.
  38. 31Registration of orders
  39. Signature
  40. Schedule 1: DEVELOPMENT MANAGEMENT SCHEME
  41. Part 1: INTERPRETATION
  42. Chapter RULE 1 –: INTERPRETATION
  43. 1Definitions
  44. Part 2: THE OWNERS' ASSOCIATION
  45. Chapter RULE 2 –: ESTABLISHMENT, STATUS ETC.
  46. 2.1Establishment
  47. 2.2Status
  48. 2.3Members of the association
  49. 2.4Address of association
  50. Chapter RULE 3 –: FUNCTION, POWERS AND ENFORCEMENT
  51. 3.1Function of association
  52. 3.2Powers of the association
  53. 3.3Prohibited activities
  54. 3.4Scheme to be binding
  55. 3.5Enforcement of scheme
  56. 3.6Regulations
  57. Chapter RULE 4 –: THE MANAGER
  58. 4.1Association to have manager
  59. 4.2Power to remove manager
  60. 4.3Validity of actings of manager
  61. 4.4Manager to be agent
  62. 4.5Exercise of powers
  63. 4.6Duties owed to association and members
  64. 4.7Manager to comply with directions
  65. 4.8Information about management
  66. 4.9Notice to manager on sale etc. of unit
  67. Chapter RULE 5 –: EXECUTION OF DOCUMENTS
  68. 5Execution of documents by association
  69. Chapter RULE 6 –: WINDING UP
  70. 6.1Commencement of winding up
  71. 6.2Distribution of funds
  72. 6.3Final accounts
  73. 6.4Automatic dissolution of association
  74. 6.5Delayed dissolution
  75. Part 3: MANAGEMENT
  76. Chapter RULE 7 –: APPOINTMENT OF MANAGER
  77. 7.1First manager
  78. 7.2Appointment of manager
  79. 7.3Certificate of appointment
  80. Chapter RULE 8 –: DUTIES OF MANAGER
  81. 8Duties of manager
  82. Chapter RULE 9 –: CALLING OF GENERAL MEETINGS
  83. 9.1First annual general meeting
  84. 9.2Annual general meetings
  85. 9.3Other general meetings
  86. 9.4Calling of meeting
  87. 9.5Validity of proceedings
  88. 9.6Member’s right to call meeting in certain circumstances
  89. 9.7Procedure where member calls meeting
  90. Chapter RULE 10 –: GENERAL MEETINGS: QUORUM
  91. 10.1Number required for quorum
  92. 10.2Quorum necessary for meeting to begin
  93. 10.3No quorum at postponed meeting
  94. 10.4Quorum need not be maintained
  95. Chapter RULE 11 –: GENERAL MEETINGS: VOTING
  96. 11.1Allocation and exercise of votes
  97. 11.2Exercise of vote where two or more persons own unit
  98. 11.3Decision by majority
  99. 11.4Method of voting
  100. Chapter RULE 12 –: GENERAL MEETINGS: FURTHER PROVISIONS
  101. 12.1Election of convener
  102. 12.2Additional business
  103. 12.3Manager to attend and keep record of business transacted
  104. Chapter RULE 13 –: SPECIAL MAJORITY DECISIONS
  105. 13.1Special majority required
  106. 13.2Consent of owner to be given where not common property
  107. Chapter RULE 14 –: EMERGENCY WORK
  108. 14.1Power to instruct etc.
  109. 14.2Reimbursement of member
  110. 14.3Meaning of “emergency work”
  111. Chapter RULE 15 –: ADVISORY COMMITTEE
  112. 15.1Power to elect advisory committee
  113. 15.2Manager to consult advisory committee
  114. Chapter RULE 16 –: VARIATION
  115. 16.1Deeds of variation under article 7
  116. 16.2Deeds of variation under article 8 and deeds of disapplication
  117. Chapter RULE 17 –: WINDING UP
  118. 1Distribution of funds on winding up
  119. Part 4: FINANCIAL MATTERS
  120. Chapter RULE 18 –: ANNUAL BUDGET
  121. 18.1Duty of manager to prepare annual budget
  122. 18.2Content of draft budget
  123. 18.3Consideration of draft budget by association
  124. 18.4Rejected budget – payment of service charge
  125. 18.5Revised draft budget
  126. Chapter RULE 19 –: SERVICE CHARGE
  127. 19.1Amount of service charge
  128. 19.2Service charge exemption
  129. 19.3Manager to collect service charge
  130. 19.4Redistribution of share of costs
  131. 19.5Interest payable on overdue service charge
  132. 19.6Interpretation of rule 19
  133. Chapter RULE 20 –: ADDITIONAL SERVICE CHARGE
  134. 20.1Additional service charge
  135. 20.2Limit on amount of additional service charge
  136. 20.3Supplementary budget
  137. Chapter RULE 21 –: FUNDS
  138. 21.1Association funds
  139. 21.2Special treatment of certain funds
  140. 21.3Reserve fund
  141. Chapter RULE 22 –: SENDING
  142. 22.1Sending
  143. 22.2Method of sending
  144. 22.3Date of sending
  145. Schedule 2Article 9(2)
  146. Explanatory note