A title deed is associated with your particular property, and it outlines your responsibilities for your property and the shared common areas. If you are unable to locate your title deed you can purchase directly from Scotlis, alternatively you could speak with your solicitor who should retain a copy.

A Deed of Conditions outlines the rules, responsibilities and restrictions across the development such as the management of the common areas, use of property, insurance obligations. The deed of conditions are legally binding and ensure fair management of the development.  For example, you may not be able to change the colour scheme on the exterior of your property.

Hillcrest will refer to title deeds and Deed of conditions when managing our developments.

Our factoring services to owners whose properties share common parts include:

• • • Factoring management through our Asset Management team.
    • Regular estate management inspections and instructing any follow-up works.
    • Arranging common insurance policies
    • Handling enquiries and complaints
    • A responsive communal repair reporting service, including a 24 hour emergency repairs service.
    • Appointing, managing and paying contractors for repairs, landscaping and cyclical maintenance work within our delegated authority.
    • Owner Liaison for works above our delegated authority to act
    • Apportionment of charges amongst owners and provision of payment facilities including direct debit.
    • Administering any applicable cyclical maintenance funds (also known as Sinking Funds) within an interest-bearing accounting structure.
    • Ensuring compliance with all relevant statutory obligations.

Preparing programmes of work based on site inspections and arranging any necessary works within our delegated authority.

The basis of Hillcrest Homes authority to act as your property factor, entitles us to carry out routine repairs and maintenance to common areas without obtaining consent from owners in advance.

The threshold repair value for common repair work is noted within the Title Deeds and also noted within the Property Specific Schedule.

If the cost of repairs and maintenance works are greater than the threshold repairs value, we will look to obtain consent from owners before work is progressed.

We will provide full details of what works are needed and why we feel any work is required. We will also provide estimated costs for the works and seek majority agreement, or unanimous agreement in the case of significant improvements, from owners.

This owner’s agreement can be obtained in a variety of ways including at a formal owners meeting, or in writing.

The arrangements and timings for requesting any owners meeting, is noted within the Title Deeds for each property.

We may also require a mandate, or minute of agreement, from owners agreeing to the cost in advance of work being instructed.

On occasions, for works of a significant cost, we may ask owners to pay some or all of the costs upfront.

A copy of our procedure for the arrangements for holding meetings with owners of properties, for whom we provide a factoring service, can be provided on request

We do not require owners’ permission to progress emergency repairs, even if the costs exceed the threshold repair value. Emergency repairs are where urgent work is required to prevent further damage to the property, or in the interests of health and safety for the residents and the general public, or where there is not time to use the normal channels of consultation and decision making. We will always advise you as soon as we can when we have had to action emergency works

From time to time a conflict may occur where the Title Deeds say something different to this Written Statement of Services. Where the Title Deeds conflict with this Written Statement of Services, the Title Deeds will prevail.

Where the property Title Deeds conflict with the Code of Conduct for Property Factors, the Title Deeds will prevail. All other parts of this Written Statement of Services on which there is no conflict will continue to apply.

There may be times when decisions about maintaining and repairing common parts of your development are not adequately described in the Title Deeds. In instances like these, we will revert to the procedures contained within the Tenement Management Scheme of the Tenements (Scotland) Act 2004.

These provisions were put in place by the Scottish Government, where information gaps exist within the Title Deeds to help make flat owners’ responsibilities more clear. It also provides clear procedures on how owners should agree about maintenance issues and how costs should be shared between owners.

If the Tenant Management Scheme has been applied there will still have to be a majority vote for communal repairs and maintenance works to commence, if the proposed work is above threshold value.

Each property will be entitled to one vote and only owners responsible for a share of the cost can vote. An owner can nominate another person to act on their behalf. If you chose not to vote that will have no bearing on the overall outcome of the consultation, any decision made through voting is binding and must be followed by all owners.  We will notify you once a decision has be made and there will be a period of appeal for owners to dispute any decisions made.

More details on the Tenement Management Scheme are included on the Scottish Government website: www.mygov.scot

It is essential for the seller to contact us through their solicitor, and we need to be provided with the following information:

• Sale/transfer of ownership date
• Forwarding address (for final invoice etc)
• Any updated contract details
• Details of your solicitor
• New owner details

After selling your property, you will receive a final invoice, the timing of which is dictated by such factors as your sale date.