1. Use proper procedures to make decisions by:
Making decisions at owners meetings or by Contacting all owners individually.
If you are unable to contact owners in person, you can try and notify the owner or their agent/solicitor by post, or email. Ask other owners in the block if they have any contact details for the owner and attempt to contact where appropriate.
2. Track down absentee owners using the or, if the flat is rented, the held by your local council. We are happy to offer help and advice on how to do this. If you still can’t trace the owner, you can post repair notices through their letterbox addressed to ‘The Owner.’ Keep copies/a log of all correspondence attempts as evidence, should legal processes be taken forward.
3. When a majority of owners make a decision about maintenance, notify the other owners immediately and allow them 28 days notice to appeal to the Sheriff Court about the decision. (The Sheriff can overturn any decision they decide is not in the interests of all of the owners, or is unfairly prejudicial to one or more owners.)
4. Find a mediator – A lot of disagreements can be sorted out by a neutral party, such as a property manager or a professional mediator. Argyll & Bute Council can make referrals to Argyll & Bute Mediation Service if required.
5. Failing mediation, the Sheriff Court has the final decision on all aspects of tenement management.
6. You can ask the council to use their compulsory repair powers such as work notices and maintenance orders, but they may not always be able to help.
7. If essential repairs are the issue, such as a roof repair or other repairs to common property – do the work and charge the other owners. If they refuse to pay, take them to the Sheriff Court or Small Claims Court. See taking Legal Action.
8. If the owner is a landlord, .
9. If an owner goes bankrupt or can’t be traced, you and other owners will have to cover that person’s share of the costs equally. It may be possible to recover these costs at a later date if the flat has a value or if there are any traceable assets. Seek legal advice to find out how to do this.
