Quorum necessary for meeting to begin
- Send postponement notice when general meeting lacks quorum
UK Statutory Instrument
2009
United Kingdom
The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009
At a glance
What's here
20 compliance obligations
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Manager to attend and keep record of business transacted
- Attend general meetings, keep minutes and send copies to members within 21 days
Deeds of variation under article 7
- Report deed of variation to association's general meeting
Duty of manager to prepare annual budget
- Prepare and submit draft budget before annual general meeting
Manager to collect service charge
- Send service charge payment notices to owners after budget approval
Supplementary budget
- Manager must prepare supplementary budget if additional service charge needed
Special treatment of certain funds
- Ensure association funds are held in interest-bearing accounts or invested as the association decides
Reserve fund
- Keep reserve fund money separate from other association funds
Manager to comply with directions
- Comply with association directions at general meetings
Information about management
- Allow members to inspect development management documents on request
Commencement of winding up
- Manager must commence winding up of association when scheme ceases to apply
Distribution of funds
- Pay debts and distribute remaining funds to unit owners on winding up
Final accounts
- Prepare and send final accounts within six months of winding up
Certificate of appointment
- Sign and keep a certificate when a manager is appointed
Duties of manager
- Manage the development and keep proper records
First annual general meeting
- Call and hold the first annual general meeting within 12 months
Annual general meetings
- Call and hold an annual general meeting each year
Other general meetings
- Manager must call general meeting on member demand or budget revision
Calling of meeting
- Call general meetings with proper notice and documents
Browse 57 other Schedules — structural / supplementary
Number required for quorum
No quorum at postponed meeting
Quorum need not be maintained
Allocation and exercise of votes
Exercise of vote where two or more persons own unit
Decision by majority
Method of voting
Election of convener
Additional business
Special majority required
Consent of owner to be given where not common property
Power to instruct etc.
Reimbursement of member
Meaning of “emergency work”
Power to elect advisory committee
Manager to consult advisory committee
Deeds of variation under article 8 and deeds of disapplication
Content of draft budget
Consideration of draft budget by association
Rejected budget – payment of service charge
Revised draft budget
Amount of service charge
Service charge exemption
Redistribution of share of costs
Interest payable on overdue service charge
Interpretation of rule 19
Additional service charge
Limit on amount of additional service charge
Establishment
Association funds
Status
Sending
Method of sending
Date of sending
Members of the association
Address of association
Function of association
Powers of the association
Prohibited activities
Scheme to be binding
Enforcement of scheme
Regulations
Association to have manager
Power to remove manager
Validity of actings of manager
Manager to be agent
Exercise of powers
Duties owed to association and members
Notice to manager on sale etc. of unit
Execution of documents by association
Automatic dissolution of association
Delayed dissolution
First manager
Appointment of manager
Validity of proceedings
Member’s right to call meeting in certain circumstances
Procedure where member calls meeting
Liability of successor for service charge
- Provide certificate of service charge status to new unit owners upon request
Browse 31 other sections — procedural / definitional / commencement
Definitions
Citation, commencement and extent
Interpretation
The Development Management Scheme
Owners' association
Application of provisions of
Variation of Scheme in deed of application
Variation of Scheme with agreement of owners of affected and adjacent units
Variation of Scheme generally by owners' association
Intimation of variation under article 8
Enforcement of rules by members
Further provision as respects deeds of variation
Rights of creditors
Conditions referred to in article 12
Application to sheriff for annulment of decisions made under Scheme
Application to sheriff for order resolving certain disputes
Continued application of the rules following disapplication of the Scheme
The expression “owner”
Sending
Scheme property
Tenements – emergency work, redistribution of costs
Powers of the Lands Tribunal
Special provision as to variation or discharge of rules
Notification of application
Content of notice
Persons entitled to make representations
Representations
Granting applications for discharge, variation or preservation of a rule
Expenses
Taking effect of orders of Lands Tribunal
Registration of orders
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