Scottish Government

2003

CONTENTS

TABLE OF FIGURES
ACKNOWLEDGEMENTS
SUMMARY
1 THE PURPOSE OF THIS STUDY
2 METHODOLOGY
SAMPLING STRATEGY - DEEDS
Obtaining Deeds
SAMPLE STRUCTURE
OBTAINING OWNERS VIEWS
DEVELOPER INTERVIEWS
PROPERTY MANAGER INTERVIEWS
BENCHMARKING OWNERS VIEWS
3 SURVEY OF TITLE DEEDS
ASSESSING DEEDS OF CONDITIONS
Introduction
ASSESSING SUITABILITY OF TITLE DEEDS
RESULTS OF SURVEY OF TITLE DEEDS
VARIATION FOR CERTAIN PROPERTIES
Joint and several liability
Reference to external documentation
DECISIONS
Emergency works
PROPERTY MANAGEMENT
Dispute resolution
Use of Property Managers
FINANCIAL ARRANGEMENTS
Divisions of costs
Collection and banking of funds
Enforcing payment
Advance payments
OWNERS' ASSOCIATIONS
Restrictions on use of property
Analysis by sub-group
4 BENCHMARKING AGAINST BEST PRACTICE
BEST PRACTICE CRITERIA
PROPERTY MANAGERS' VIEWS
FREQUENCY OF USE OF BEST PRACTICE TERMS
WHERE IS BEST PRACTICE MOST COMMON?
THE TENEMENT MANAGEMENT SCHEME AND DEVELOPMENT MANAGEMENT SCHEME
The Tenement management Scheme
The Development Management Scheme
BENCHMARKING
Analysis of findings against the benchmarks
CONCLUSIONS
5 OWNERS VIEWS
DEVISING THE QUESTIONNAIRE
ABOUT THE OWNERS
KNOWLEDGE OF DEEDS AND OWNERS VIEWS OF THEIR IMPORTANCE
PROPERTY MANAGEMENT ARRANGEMENTS
SATISFACTION WITH THE BUILDINGS
KNOWLEDGE OF, AND ATTITUDE TO, REPAIRS AND MAINTENANCE
DEALING WITH OTHER OWNERS
OWNERS ASSOCIATIONS
ISSUES WITH DEEDS
Comments relating to inadequate drafting
Comments relating to poor behaviour and enforceability
Good points
CONCLUSIONS
6 DEVELOPERS VIEWS AND PRACTICES
DEVELOPERS INTERVIEWED
PRACTICE IN DRAWING UP DEEDS
APPOINTING PROPERTY MANAGERS
COMMENTS ON TITLE CONDITIONS BILL
ADDITIONAL ELEMENTS INCLUDED IN DEEDS BY DEVELOPERS
CONCLUSIONS
7 LEGAL OPINION
ENFORCEABILITY OF DEEDS
Current problems
Enforceability of conditions: general provisions
Specific changes
INTELLIGIBILITY
SPECIFIC MATTERS
CONCLUSIONS
8 CONCLUSIONS AND RECOMMENDATIONS
APPENDIX 1 THE TENEMENT MANAGEMENT SCHEME AND DEVELOPMENT MANAGEMENT SCHEME
THE TENEMENT MANAGEMENT SCHEME
DEVELOPMENT MANAGEMENT SCHEME
APPENDIX 2: OWNERS QUESTIONNAIRE
APPENDIX 3: EXTRACT FROM COUNSEL'S OPINION: DEFINITIONS OF REPAIRS AND MAINTENANCE

Further copies of this report are available priced 5.00. Cheques should be made payable to The Stationery Office Ltd and addressed to:

The Stationery Office
71 Lothian Road
Edinburgh
EH3 9AZ
Tel: 0870 606 5566
Fax: 0870 606 5588