1. In these conditions:-
“Owner” means the proprietor of any part of flatted property which is or could without substantial alteration be occupied as a separate subject and includes the Owner/Occupier of any such part and the proprietor of any such part which is let or is unoccupied.
"Agent" means the Property Manager acting as facilitator of authorisation from the insurers of the property on behalf and for the insured owner per the policy held in possession.
2. Subject to the rights of Owners in relation to their own premises, the whole property will be managed by a Property Manager appointed by the Owners of the premises in the property.
3. The Property Manager has authority on behalf of all the Owners to instruct and have carried out repairs and maintenance to the common parts of the property, provided that the anticipated cost of any one item at the time when it is instructed will not exceed £350 or such other sum as shall be agreed between the Property Manager and the Owners from time to time. Subject as aftermentioned, if the anticipated cost of any such item exceeds the above sum, it shall be instructed and carried out only when the work has been approved by a majority of the Owners, after submission of an estimate or estimates by the Property Manager and after the Property Manager has been put in funds by the Owners to the full amount of the estimated cost. It shall be within the Property Manager’s discretion to instruct works at a cost exceeding £350 if he considers the expense to be justifiable on grounds of health or safety and to recover forthwith the costs thereof on the same basis as under condition 5 hereof. The Property Manager may act from time to time as the agent of the insured owner assuming the necessary mandate for claims arising against the insurance of the property.
4. Each Owner of premises in the property will deposit with the Property Manager a sum as requested by the Property Manager and the Owners from time to time. This sum will be deposited immediately upon acquisition of his premises as a contribution to finance the cost of common charges. The deposit will be returned when he or his representatives cease to own the premises. No interest shall be paid on the deposit.
5. Each of the Owners will pay to the Property Manager timeously on demand his appropriate share, determined in accordance with the provision of the relevant Title Deeds, of the costs of ground burdens, repairs and maintenance, insurance premiums, common and other charges and management and other fees. In the event of the share payable by any Owner remaining unpaid after a demand for payment thereof has been issued by the Property Manager, the Property Manager shall be entitled to sue for and recover the same in his own name on behalf of the remaining Owners. If payment is not received by the Property Manager of the amount of any such share and the expenses as awarded by the court of obtaining a decree for payment therefor within 21 days after the date of the decree for payment or, in the event of an instalment decree for payment, after the date when the last instalment became due, the amount of such share and expenses shall be paid by the remaining Owners jointly to the Property Manager, each Owner contributing in proportion to his appropriate share of the original costs, and the remaining Owners will be entitled to recover such amount from the defaulting Owner.
6. When an Owner sells or disposes of his premises, he shall forthwith notify the Property Manager of the date of sale or disposal and the identity of his successor in the Ownership of the premises and shall use his best endeavours to persuade his successor to adopt and implement these conditions.
7. The appointment of the Property Manager may be terminated by the Owners or the Property Manager upon giving not less than three months’ prior notice in writing.
8. Decisions by the Owners as to appointment of a Property Manager or termination of his office or as to the authorisation or approval of repairs or maintenance or as to the type and amount of insurance cover shall be made in accordance with any procedure specified in the relevant Title Deeds or, if such procedure is not specified in the Title Deeds or is not in fact operated, by a majority in number of the Owners of premises in the property, whose decision shall be binding upon all the Owners.
9. Unless otherwise specified in the relevant Title Deeds for the purpose of approving any item of repairs or maintenance in terms of condition 3 hereof or for making any decision in terms of condition 8 hereof, an Owner shall have one vote for each part of the property owned by him and which is occupied by him or is separately occupied by his tenant or is unoccupied.
10. The Property Manager shall be responsible for effecting and keeping in force the amount of insurance cover which has been determined in accordance with condition 8 hereof and the Owners shall, if required by the Property Manager, make arrangements for immediate provision of the amount of the premiums. The Property Manager shall have no further or other responsibility in relation to the insurance of the property or any parts thereof.
11. These conditions shall apply and continue to apply to all Owners who accept them notwithstanding that they do not apply or cease to apply to other Owners of premises in the same property.
12. The Property Manager shall undertake the management duties set out in the
schedule annexed, but nothing on the said schedule shall impose or imply any
liability on the Property Manager to Owners or other persons for his failure
to instruct repairs on his own initiative following a visit to the property.
SCHEDULE OF MANAGEMENT DUTIES REFERRED TO IN THE FOREGOING
CONDITIONS OF MANAGEMENT OF PREMISES IN FLATTED PROPERTY
(a) The Property Manager will make periodic visits to the property and take appropriate action to deal with any matters of a common or mutual nature which are discovered.
(b) Unless contractors are nominated by Owners, the Property Manager will order repairs to firms which, from experience, are considered reliable and capable of completing the repairs satisfactorily and at a reasonable cost. When appropriate, when instructing repairs, the Property Manager will consult with the contractors as to the type of repair and the materials to be used.
(c) Where a repair requires the services of more than one trade, arrangements for the several firms of tradesmen to co-ordinate their work will be made.
(d) Where the Property Manager considers it to be in the interests of the Owners, estimates from several tradesmen will be obtained for the same job, the Owners will be advised and their instructions obtained before proceeding.
Where the proposed repair is mutual to an adjoining building, the Property Manager will negotiate with the adjoining Owners or Property Manager and endeavour to ensure that the work is completed satisfactorily at a reasonable cost and that the adjoining Owners pay their share of the cost. Work will not be instructed without such agreement unless the Property Manager is so authorised by his Owners.
Only where an owner's private repair is first authorised by the insurers may the property manager choose to assist the owner with the implementation of the insurer's instructions.
(e) The Property Manager will investigate any complaints of unsatisfactory work. Owners will assist here by reporting any such complaints to the Property Manager as soon as possible. Where considered necessary and if so instructed by the Owners, the Property Manager will arrange for a professional report on the completed repair. Fees will be chargeable to the Owners. (*)
(f) The Property Manager will check the tradesmen’s accounts when rendered, including the charge of VAT, will calculate the share of the cost due by each Owner in the building and, unless otherwise agreed, will issue quarterly accounts to each Owner.
The Property Manager will also ensure that accounts for ground burdens, insurances and all other outgoings are checked and paid when due. The Property Manager will calculate the share due by each Owner and include same in the quarterly accounts.
(g) On appointment, the Property Manager will agree the management charge with the Owners and such charge will be revised as necessary from time to time thereafter. Such revisions will not normally be made more frequently than once a year. The management fee as agreed from time to time will cover routine management duties, but it is understood that if, because of the complexity of a particular repair or because of any other reason, the Property Manager is involved in extra work, an additional fee may be chargeable.
(h) When a change of Ownership takes place, the Property Manager will on request make the necessary apportionment of ground burdens, insurance, repairs and other outgoings between the seller and the purchaser. Any charge for this additional work will be payable by the seller. (*)
(i) If requested, the Property Manager will arrange to supply one photostat copy of tradesmen’s accounts to one Owner per building each quarter year.
(j) The Property Manager will guide and assist Owners in submitting applications for grant towards the cost of common repairs or improvements. (*)
(k) In the event of any court action being raised on behalf of the Owners or against any third party, instructions will first be taken from the Owners as they will be liable for all legal costs not recovered.
(l) Under the terms of the Data Protection Act 1998 we confirm that we hold, on behalf of owners or tenants, either on computer or by written records, details of your personal address, bank account, current status of common charges, sum insured and, when applicable (tenants only), references of similar obtained. This information is held by us as property managers on your behalf to ensure the undertaking of factoring of co-owned or let property. The information held by us is kept for our sole purposes and we will not divulge personal or private details to any enquiring party without your written consent, except where there are legal obligations, contractual performance of through administration of justice.
Note: Those duties marked with an asterisk (*) are considered to be outwith
routine management and an additional fee as appropriate will be chargeable by
the Property Manager.
(For office use)
GRANT & WILSON LIMITED
65 Greendyke Street
Glasgow G1 5PX
I agree that the Conditions and Schedule shall apply in respect of my premises
in the property.
Signed
Address
Date