Deeds of Conditions
These identify the common areas and provides arrangements for the management, maintenance and repair of the property, the division of costs between owners and procedures to resolve disputes.
The Deeds of Conditions remains in force irrespective of sales of individual flats taking place and can generally only be altered with the consent of every owner within the building to which the Deed applies.
Your Deeds of Conditions states that Loreburn Housing Association or their nominee, Dumfries & Galloway Homes, will act as Factor of the site for so long as they remain proprietor of any part of the site.
If you have an Owners Group, the Deeds of Conditions will detail how decisions can be made. If a decision is made which you do not agree with, it will be enforceable if the meeting was quorate and the decision was within the scope of the Deeds.
The term used for a collective or committee of owners within a shared property, where issues can be discussed and actions agreed.
These are the legal documents which show who officially owns a house, land or other type of building (known as ‘heritable property)’. Title Deeds also show if there is a mortgage over the house and will give details of any access or other rights (sometimes known as ‘burdens’) that come with, or are excluded from, the house.
In order to officially record or register your ownership of a property, title deeds in your name have to be registered in the Land Register of Scotland or recorded in the General Register of Sasines. The Land Register of Scotland and the Register of Sasines are official records of who owns property in Scotland. Both of them are kept up to date by the Registers of Scotland in Edinburgh.
Delegated Authority / Authority to Act
This relates to the Factor being able to instruct works, for example, on behalf of the owner or owners without consultation. This can be sanctioned by the Deeds of Conditions, the Tenement (Scotland) Act 2004, by homeowners on a specific date, or by Custom and Practice. There is a Delegated Authority limit set by Loreburn Housing Association of £250 per household. If the costs of works required exceeds this limit, a majority decision vote will be required.
Exclusive Occupancy Agreement
The written agreement between the property owner (Loreburn Housing Association) and the Shared Owner that outlines the rate of rental payment and responsibilities. Similar to a Tenancy Agreement, the EOA will demonstrate the rental value in proportion to the percentage of the property that is owned by Loreburn. It will also reflect Loreburn’s rental policy, with annual reviews. However, the value will not include any charges relative to repairs.