Inform owners and make decisions

You need formal agreement from your co-owners at specific points in commissioning a repair. But it is also good practice to keep everyone posted of progress throughout the repair process. Discussing required repairs not only allows your co-owners to feel you are listening to their concerns but also gives them time to make their financial plans.

Finding owners will help you track down your co-owners.

Meetings and votes will guide you in how you should be taking decisions in your property. 

You may have difficulty in making co-owners pay their share of costs if you do not follow correct procedures.

When you need owners' agreement

These are the stages in commissioning a repair at which you will need to contact your co-owners, either just to give information or to get a formal agreement.

Shortlisting contractors:

Input required from co-owners: informal agreement

Getting quotes:

Input required from co-owners: informal agreement

Accepting quotes:

Input required from other co-owners: formal agreement ( see download letter)

Work on site:

Input required from co-owners: may need informal agreement

Advance payments:

Input required from other co-owners: formal agreement 

Enforcing Repairs:

Input required from co-owners: may need formal agreement

Taking legal action against builders:

Input required from co-owners: formal agreement

Taking legal action against non-paying owners

Input required from other co-owners: formal agreement

Informing owners of repairs

Once a majority of owners have agreed to repair (or where essential works are required to provide support shelter and you plan to use the Duty to Maintain), you must notify all owners with the required information:

  1. The maintenance work to be carried out,
  2. The timetable for carrying out the work, including proposed start and finish dates,
  3. The date of any requirement or agreement to carry out the maintenance with the names of those agreeing
  4. The estimated cost of the work,
  5. Why the estimate is considered reasonable (i.e you've obtained competitive quotes)
  6. All owners share of the costs,
  7. How that share was arrived at,
  8. The location and number of the maintenance account, and
  9. The date by which the owners are should deposit their share in the maintenance account.

A letter or email sent covering all these points will meet the requirements of both the Tenements (Scotland Act) 2004 and the Housing (Scotland) Act 2006.  If you need to enforce repairs or plan to ask the Council for "Missing Shares",  you must have sent a letter covering these points.

Next steps

Holding a meeting of  owners

What to do if you can't get owners to agree to essential repairs