Voting

These are the rules that apply in most tenements but you must check your own tenement rules in case there are differences. While most Title Deeds are straightforward in this respect, some have some very strange rules!

  • there is one vote per flat (including jointly owned flats).
  • if the decision is about a mutual repair, then only those owners involved can vote.
  • an owner can nominate another person (for instance their letting agent or a relative) to act on their behalf.
  • a properly made decision is binding on all owners, and their successors, even if they did not agree.  If owners do not agree with a decision, there are some (limited) grounds for appealing or annulling the decision.

A majority decision is one made by e.g 4 owners out of 6 agreeing, 5 owners out of 8 agreeing. A tied decision (e.g. 3 out of 6 owners agreeing) is not a majority decision. (Consider invoking the Duty To Maintain if urgent repairs are required).

Legal reference

Making decisions about works
Tenements (Scotland) Act 2004 Tenement Management Scheme, Rule 3.2

Binding decisions
Tenements (Scotland) Act 2004 Tenement Management Scheme, Rule 8

One vote per flat
Tenements (Scotland) Act 2004. Tenement Management Scheme, Rule 2.2

Voting on mutual repairs
Tenements (Scotland) Act 2004 Tenement Management Scheme, Rule 2:3

Nominations
Tenements (Scotland) Act 2004 Tenement Management Scheme, Rule 2.2

Joint owners
Tenements (Scotland) Act 2004 S28 (7) and
Tenement Management Scheme Rule 1.6, 2.4, 2.8