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!
These are the rules that apply in most tenements, but check your title deeds in case there are any differences.
- 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. four owners out of six agreeing, five owners out of eight agreeing.
A tied decision (e.g. three out of six owners agreeing) is not a majority decision. Consider invoking the Duty to Maintain if urgent repairs are required.
Legal reference
Making decisions about works
Tenement Management Scheme, Rule 3.2
Binding decisions
One vote per flat
Tenement Management Scheme, Rule 2.2
Voting on mutual repairs
Tenement Management Scheme, Rule 2.3
Nominations
Tenement Management Scheme, Rule 2.2
Joint owners
Tenements (Scotland) Act 2004, s 28 (7)
and
Tenement Management Scheme, Rules 1.6, 2.4, 2.8