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

1. Introductory Text

2. PART 1 Introductory

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. PART 2 The Development Management Scheme

   1. 3. The Development Management Scheme

   2. 4. Owners' association

   3. 5. Application of provisions of the Act to rules of Scheme

4. PART 3 Variation of the Development Management Scheme

   1. 6. Variation of Scheme in deed of application

   2. 7. Variation of Scheme with agreement of owners of affected and adjacent units

   3. 8. Variation of Scheme generally by owners' association

   4. 9. Intimation of variation under article 8

   5. 10. Enforcement of rules by members

   6. 11. Further provision as respects deeds of variation

5. PART 4 Rights of creditors

   1. 12. Rights of creditors

   2. 13. Conditions referred to in article 12

6. PART 5 Challenges to operation of the Scheme

   1. 14. Application to sheriff for annulment of decisions made under Scheme

   2. 15. Application to sheriff for order resolving certain disputes

7. PART 6 General

   1. 16. Liability of successor for service charge

   2. 17. Continued application of the rules following disapplication of the Scheme

   3. 18. The expression “owner”

   4. 19. Sending

   5. 20. Scheme property

   6. 21. Tenements – emergency work, redistribution of costs

8. PART 7 Powers of the Lands Tribunal for Scotland

   1. 22. Powers of the Lands Tribunal

   2. 23. Special provision as to variation or discharge of rules

   3. 24. Notification of application

   4. 25. Content of notice

   5. 26. Persons entitled to make representations

   6. 27. Representations

   7. 28. Granting applications for discharge, variation or preservation of a rule

   8. 29. Expenses

   9. 30. Taking effect of orders of Lands Tribunal etc.

   10. 31. Registration of orders

9. Signature

10. 1. SCHEDULE 1

       DEVELOPMENT MANAGEMENT SCHEME

       1. PART 1 INTERPRETATION

          1. RULE 1 – INTERPRETATION

             1. 1. Definitions

       2. PART 2 THE OWNERS' ASSOCIATION

          1. RULE 2 – ESTABLISHMENT, STATUS ETC.

             1. 2.1. Establishment

             2. 2.2. Status

             3. 2.3. Members of the association

             4. 2.4. Address of association

          2. RULE 3 – FUNCTION, POWERS AND ENFORCEMENT

             1. 3.1. Function of association

             2. 3.2. Powers of the association

             3. 3.3. Prohibited activities

             4. 3.4. Scheme to be binding

             5. 3.5. Enforcement of scheme

             6. 3.6. Regulations

          3. RULE 4 – THE MANAGER

             1. 4.1. Association to have manager

             2. 4.2. Power to remove manager

             3. 4.3. Validity of actings of manager

             4. 4.4. Manager to be agent

             5. 4.5. Exercise of powers

             6. 4.6. Duties owed to association and members

             7. 4.7. Manager to comply with directions

             8. 4.8. Information about management

             9. 4.9. Notice to manager on sale etc. of unit

          4. RULE 5 – EXECUTION OF DOCUMENTS

             1. 5. Execution of documents by association

          5. RULE 6 – WINDING UP

             1. 6.1. Commencement of winding up

             2. 6.2. Distribution of funds

             3. 6.3. Final accounts

             4. 6.4. Automatic dissolution of association

             5. 6.5. Delayed dissolution

       3. PART 3 MANAGEMENT

          1. RULE 7 – APPOINTMENT OF MANAGER

             1. 7.1. First manager

             2. 7.2. Appointment of manager

             3. 7.3. Certificate of appointment

          2. RULE 8 – DUTIES OF MANAGER

             1. 8. Duties of manager

          3. RULE 9 – CALLING OF GENERAL MEETINGS

             1. 9.1. First annual general meeting

             2. 9.2. Annual general meetings

             3. 9.3. Other general meetings

             4. 9.4. Calling of meeting

             5. 9.5. Validity of proceedings

             6. 9.6. Member’s right to call meeting in certain circumstances

             7. 9.7. Procedure where member calls meeting

          4. RULE 10 – GENERAL MEETINGS: QUORUM

             1. 10.1. Number required for quorum

             2. 10.2. Quorum necessary for meeting to begin

             3. 10.3. No quorum at postponed meeting

             4. 10.4. Quorum need not be maintained

          5. RULE 11 – GENERAL MEETINGS: VOTING

             1. 11.1. Allocation and exercise of votes

             2. 11.2. Exercise of vote where two or more persons own unit

             3. 11.3. Decision by majority

             4. 11.4. Method of voting

          6. RULE 12 – GENERAL MEETINGS: FURTHER PROVISIONS

             1. 12.1. Election of convener

             2. 12.2. Additional business

             3. 12.3. Manager to attend and keep record of business transacted

          7. RULE 13 – SPECIAL MAJORITY DECISIONS

             1. 13.1. Special majority required

             2. 13.2. Consent of owner to be given where not common property

          8. RULE 14 – EMERGENCY WORK

             1. 14.1. Power to instruct etc.

             2. 14.2. Reimbursement of member

             3. 14.3. Meaning of “emergency work”

          9. RULE 15 – ADVISORY COMMITTEE

             1. 15.1. Power to elect advisory committee

             2. 15.2. Manager to consult advisory committee

          10. RULE 16 – VARIATION

              1. 16.1. Deeds of variation under article 7

              2. 16.2. Deeds of variation under article 8 and deeds of disapplication

          11. RULE 17 – WINDING UP

              1. 1. Distribution of funds on winding up

       4. PART 4 FINANCIAL MATTERS

          1. RULE 18 – ANNUAL BUDGET

             1. 18.1. Duty of manager to prepare annual budget

             2. 18.2. Content of draft budget

             3. 18.3. Consideration of draft budget by association

             4. 18.4. Rejected budget – payment of service charge

             5. 18.5. Revised draft budget

          2. RULE 19 – SERVICE CHARGE

             1. 19.1. Amount of service charge

             2. 19.2. Service charge exemption

             3. 19.3. Manager to collect service charge

             4. 19.4. Redistribution of share of costs

             5. 19.5. Interest payable on overdue service charge

             6. 19.6. Interpretation of rule 19

          3. RULE 20 – ADDITIONAL SERVICE CHARGE

             1. 20.1. Additional service charge

             2. 20.2. Limit on amount of additional service charge

             3. 20.3. Supplementary budget

          4. RULE 21 – FUNDS

             1. 21.1. Association funds

             2. 21.2. Special treatment of certain funds

             3. 21.3. Reserve fund

          5. RULE 22 – SENDING

             1. 22.1. Sending

             2. 22.2. Method of sending

             3. 22.3. Date of sending

    2. SCHEDULE 2

       Article 9(2)

11. Explanatory Note