How do I find out about my legal obligations and rights as an Owner?
These are set out in the Title Deeds , Deed of Conditions and the Disposition for your property and should have been explained to you by your solicitor at the time you bought the property. If you do not have a copy of these, either contact your solicitor to obtain them or for a small charge, you can get copies from the Registers of Scotland 9 George Square Glasgow G2 1DY Tel 0845 607 0164 or 0141 306 1718. Their email address is customer.services@ros.gov.gov.uk. These documents set out how the building should be managed, the appointment of the factor and what their responsibilities are ,and your shared responsibilities for the upkeep , maintenance and management of the common parts of the building.
Sometimes the Deeds are not clear about how the building should be managed , what shares everyone should pay or are very outdated as they were drawn up before there were such things as Door Entry systems. Therefore , the Scottish Parliament passed the Tenements (Scotland) Act 2004 so that where things were missing or not clear from the Title Deeds , there was a fall back position for owners to ensure that the common parts of the building are properly maintained by all owners . This act sets out a Tenement Management Scheme and owners can adopt the relevant parts of it that are missing or unclear in the actual Title Deeds.