The legal documents which define the rules relating to the shared obligations and conditions which apply to each property, close or block are:
- The Title Deeds
- The Deed of Conditions
- The Disposition
These documents outline the shared responsibilities for the upkeep, management and maintenance of the common elements belonging to the property.
The Title Deeds will usually describe the area where the individual properties are situated and how properties, blocks and closes are grouped together in a common interest.
The Deed of Conditions usually describes the obligations and arrangements for common parts, repairs, services, proprietors meetings, factoring appointments, cost apportionments, cost charges and recovery of costs.
The Disposition usually records specific rights for individual properties which may vary amongst properties which share a common interest.
In deliverance of its factoring responsibilities, North Glasgow Management Services will operate at all times in compliance with the Title Deeds, the Deed of Conditions and the Disposition and will routinely provide advice and information on:
- The areas of the property over which the deeds apply
- The common parts and spaces covered by the deed
- The common charges applicable to homeowners
- The powers, duties and obligations of the Factor
- The individual owners’ maintenance responsibilities
- The arrangements for Proprietors’ Meetings
- The arrangements for the apportionment costs
- Any additional Burdens, Conditions and Prohibitions
- The arrangements for recovery and payment of outstanding debts
When situations occur, where any part of the Title Deeds, Deed of Conditions or the Disposition in unclear or unfit for purpose, the Association will deliver its factoring obligations in compliance with the Tenements Scotland (2004) Act (The Property Factors (Scotland) Act 2011) or further subsequent legislation.