Common Repairs Policy - Section 13

13.    Appeals Process

13.1  The Council’s title deed style does not make any provision for arbitration. The Council shall adopt the policy that, where there is disagreement between the Council and an owner about repairs or maintenance of common parts and in particular the choice or cost of materials, contractors or the timing of works the matter shall be referred in the first instance to the Chief Housing Officer. If the applicant is not satisfied with the outcome of the review, they can request that the case be referred to the Housing Services Sub-Committee.

13.2   When an owner is not satisfied with a decision that is taken in accordance with the Tenement Management Scheme, for example if they did not vote for or a decision or it was taken before they purchased a property, they can apply to the sheriff court to have it cancelled. The sheriff will only cancel a decision made by the majority of owners if it is not in the best interests of the owners as a group or if it is unfair to one or more of them. Owners must apply to the court within 28 days of being informed of the decision. During that time, the decision cannot be implemented.

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