Grant & Wilson PROPERTY MANAGEMENT LIMITED

Transcription

1 HOME OWNERS WELCOME PACK 65 Greendyke Street, Glasgow G1 5PX. Tel: Fax: Coalhill, The Shore, Leith, Edinburgh EH6 6RH. Tel: Fax:

2 CONTENTS 2 ABOUT US 3 FACTORING FAQS 4 TERMS OF SERVICE & DELIVERY OF STANDARDS General Obligations Written Statement of Services Communications and Consultation Financial Obligations Debt Recovery Insurance Repairs & Maintenance Complaints Resolutions Other Statements 8 CONDITIONS OF MANAGEMENT 12 THE LAW AND DOGS 12 DIRECT DEBIT APPENDICES 13 Direct Debit form 14 Owner s Contact Details form 15 Emergency Contractors contact details ABOUT US At Property Management Limited we have been managing residential and commercial property for over 100 years and undertake Factoring duties for property and developments across Scotland. In offering a complete service, we also manage rented accommodation and provide full insurance services, including buildings and contents. We deal with a number of major insurers, who provide competitive quotations, which can be arranged as Agents on behalf of Owners in the property which we manage. Our aim is to work in partnership with Owners to build a good relationship, one which is built on trust. Part of our normal duties is to put in place service contracts, which will include garden maintenance, grass cutting, communal cleaning, door entry systems, window cleaning, maintenance of common stairway lighting, and roof repairs, to name but a few. Some Contracts are renewed annually and dependent upon the service supplied and may be subject to open tendering. There are many advantages in having a Factor act on your behalf. They can deal direct with Contractors on behalf of all Owners to ensure that work is carried out to your satisfaction and can arrange competitive estimates. 2

3 FACTORING FAQs Q: WHAT IS THE FACTOR? A: Your Factor is a professional Property Manager. They will work with you and the other Owners in your property/development to organise Tradesmen for common repairs and maintenance (cleaning, gardening, grass cutting, repairs to buildings, etc.). These are the parts of your property/development, which do not belong to you exclusively. For example, if you live in a flat this will include your roof, and entrance or shared amenity area. Common areas of Ownership of these will be shared between you and the remaining neighbours within the development. No matter the type of property or development, if there are common areas then each Owner has a legal responsibility for the repairs, maintenance and upkeep of these areas and have to pay their share, they cannot opt out. The Deed of Conditions will determine the share for each Owner and what areas are described as common. and it is important that you read the details within it. The Factor is paid four times a year (February, May, August and November) when invoices are sent to you for your share of any common repairs, insurance, management fees, gardening cost, cleaning and the like. They are paid in arrears for Tradesmen s accounts and other expenses run up on your behalf. Q: IS THE FLOAT A REQUIREMENT? A: This is a one-off payment (deposit) of an agreed sum, or as stated on the Deed of Condition, which allows the Factor to pay Tradesmen s accounts during quarterly periods and between invoicing. As repairs and general maintenance of property/ developments do happen at any time, it is important that the Factor can pay Tradesmen without delay, which will ensure that they will continue to undertake work on behalf of Owners in the future when problems arise. Q: WHERE DOES THE FACTOR COME IN? A: The Factor is appointed either by a majority of Owners, or by a developer for a new property. The Factor is there to save you time and hassle, especially if some of the other Owners are apathetic about the property. They can make decisions up to the sum of on your behalf and organise work for you, whether it be repairs to common property, common maintenance or other issues. If some Owners do not pay their share of the Factoring account, the Factor will obtain the money from them direct by going to court if necessary, without troubling you further. Q: HOW DOES THE FACTOR OPERATE? A: The Title Deeds or Deeds of Conditions will set down the rules for undertaking Factoring duties in respect of your property/development. Your solicitor should provide this document to you at the time of purchase, Q: WILL I EVER GET MY MONEY BACK? A: Yes when you decide to sell your property as part of the conveyancing, your solicitor will contact us to seek information on recurring charges and at that time, an account will be apportioned and your float accounted back to you. Q: WHAT GUIDELINES DOES THE FACTOR WORK TO? A: Within this pack is a copy of the Terms of Service of Standards as part of the Factors Bill instructed 1st October We conform to these guidelines together with the Code of Conduct as set out by the Property Managers Association (Scotland) Limited and our Conditions of Management. We are members of the Property Managers Association (Scotland) Limited and the FCA. Under FCA Guidelines we use the services of a number of independent FCA registered Brokers. 3

4 4

5 Terms of Service & Delivery of Standards The Property Factors (Scotland) Act 2011 came into force on 1 October 2012 and as your Property Factor, we are required to provide you with a written Terms of Service and Delivery of Standards which is intended to be transparent and easily understood. This written statement has been produced to enable Property Management Limited to meet our statutory obligations to you as the homeowner. Property Management Limited is registered as a factor with the Scottish Property Factors Register and our registration number is: PF Central to the Act is a Code of Conduct for Property Factors which has been developed by the Scottish Government after undertaking extensive consultation. It recognises that Property Factors have a complex and wide ranging role and for this reason the Code has been organised into 8 Sections. GENERAL OBLIGATIONS Property Management Limited (G&W) work on behalf of Owners to organise and arrange the maintenance of common property, landscaped areas, play parks, woodlands, cleaning, gardening, grass cutting, repairs to buildings, to name but a few and appoint the relevant Contractors and Service Suppliers. Instruct common repairs agreed and funded in advance by the Owners. Co-ordinate Trades involved in repairs. Liaise with other Property Managers/Owners of adjoining property in mutual repairs. Investigate complaints of unsatisfactory work. Pay accounts for Tradesmen, Insurances and Service Suppliers when due. Both Owners and G&W are governed by the Deed of Condition and supply Owners with quarterly accounts in February, May, August and November with invoices detailing what the charges are for and how they have been apportioned (as per the Deed of Condition). The accounts include: Management fees, all common repairs, buildings insurance, ground maintenance, common cleaning, administration costs and any other associated costs (if applicable). Checking Contractors and Service Suppliers invoices and apportioning to each Owner. Initiating and processing insurance claims relating to common property. If insurance is held on the Owner s behalf by G&W, we assume as Agents the necessary mandate to process claims arising against the insurance policy of the property. An excess will apply. 1. Written Statement of Services 2. Communication and Consultation 3. Financial Obligations 4. Debt Recovery 5. Insurance 6. Carrying out Repairs and Maintenance 7. Complaints Resolution 8. Other Statements 5

6 1. WRITTEN STATEMENT OF SERVICE 1. Dealing with Owner communications and enquiries. 2. Where required, to organise, arrange and attend meetings with Owners, Residents Associations, Committees, Contractors, Service Suppliers, Local Authorities and Insurance Agents/Loss Adjusters and any other parties in relation to the property or development. 3. Handling all Factor related correspondence in regard to the property or development with third parties on behalf of the Owners. 4. Arrange repairs and maintenance of common property and landscaped areas; play parks, woodlands etc. by appointing Contractor s and Service Supplier s. 5. Provide Owners with Contractor s Emergency out of Hours contact details as appropriate. 6. Properties will be visited periodically with a minimum of twice a year. Appropriate action to deal with any matters of a common or mutual nature, will be noted and acted upon. (Visits can be arranged by appointment with Owners if requested) 7. Advise Owners on maintenance, repairs, redecoration and improvements if necessary and organise and supply estimates. 8. Investigate any complaints of unsatisfactory work and address complaints of service received from Contractors and Service Suppliers. 9. Where a repair requires the services of more than one Trade, arrangements for several firms of Tradesmen to co-ordinate their work will be made. 10. Monitor and check the Contractors accounts when rendered, including the charge of VAT, and apportion the share of the cost due to each Owner, as per the Deed of Condition or default via the Tenements (Scotland) Act Checking the accounts for insurances (if applicable), cleaning, gardening and all other outgoings and pay Contractors when due. 12. Allocating common charges to Owners for common works and services, Property Management fees and any statutory notice charges, repairs etc. on a quarterly basis. 13. Collecting and administering Owners advance funds i.e. contingency/sinking/reserve where applicable. 14. Monitoring and enforcing the debt recovery procedures (Section 4) for unpaid common charges as per G&W procedures. 15. Securing insurance cover through G&W s brokers, where appropriate for building insurance, lift insurance, public liability insurance, employer s liability, etc. 16. We will endeavour to guide and assist Owners in submitting applications for grants towards the cost of common repairs or improvements. 2. COMMUNICATION AND CONSULTATION 1. G&W will endeavour to respond to enquiries received in writing within 7 working days of receipt. If further time is required in regards to the enquiry the Owner will be notified in the preferred form of communication (letter, or telephone call) giving the reasons for the additional time required. 2. G&W will prioritise telephone calls and will return calls with 48 hours. (excluding weekends and public holidays) 3. G&W will endeavour to report Emergency matters on the same day or report routine repairs within 2 working days of receiving the call (outwith working hours or during holidays Emergency Contractor should be called). Report matters requiring a quotation or inspection to a Contractor within 3 working days. We have a dedicated Maintenance Department that will effectively address and organise repairs they should be contacted on: Glasgow /1853 or by maintenance.glasgow@grantandwilson.co.uk. Edinburgh: /7731 or by maintenance.edinburgh@ grantandwilson.co.uk. 4. New clients purchasing a property will be provided with all relevant information from their acting solicitor who should advise a Property Factor is in place and what their responsibilities are as per the Deed of Condition, which would be advisable to request a copy from your solicitor. G&W on receiving your Date of Entry will forward a Welcome Pack, which will include a breakdown of our annual charges, apportionment share, our duties, Terms of Service & Delivery of Standards etc G&W telephone service provides contact details of Emergency Contractors. Details can be found at 3. FINANCIAL OBLIGATIONS 1. G&W will issue common charge accounts quarterly in February, May, August and November. The accounts include a detailed financial break down of charges and description of common works, repairs and services charged. Accounts are required to be paid in full within 28 days of being issued. 2. G&W have an accounts system in place which monitors payments allocated and due by Owners. If accounts remain unpaid after 28 days, a late payment fee of VAT will be allocated to your account. A late payment fee will be added to subsequent quarterly accounts until settled. Non-payment of accounts may have an impact on the funding of maintenance/ repairs. 3. Our Management Fees cover the provision of our Management Services as per our Written Statement. We have a flat rate fee, which is reviewed as part of our annual budgetary process. If it is our intention to increase the Management fees, it will be based on a number of factors, i.e. staff costs, business overheads, inflation etc. We will notify you if it is our intention to increase our Management fees. 4. The apportionment share for maintaining your property is allocated as per your Deed of Condition or through default of the Tenements (Scotland) Act A copy of Contractors/Suppliers accounts can be viewed at our offices within 14 days after issuing of accounts. (An appointment is required). If outwith the 14 days a charge of 5.00 plus VAT for each Trade invoice will be required. Copy of Owners accounts requested will be charged at plus VAT each. 6. If you sell your property we will be requested to provide your solicitor with information in respect of your final account to complete the sale. This additional Administration work is outwith our normal common Management Fees. We will charge an additional Administration fee for these works which is plus VAT, which will be advised to your solicitor. 7. Termination of services by either party will incur a final accounting fee for charges of plus VAT per Owner. 8. Additional charges may occur due to major repairs required to the property. We will ingather competitive estimates for works and write to all Owners requesting a vote for their preferred Contractor. If the majority of Owners agree we will request funding to be paid in full, in advance, prior to the instruction of work/s. 9. Owners are required to pay a Float, this may be advised in the Deed of Condition and if not, Owners will be notified of the amount due by G&W. This will be based on the expenditure of the property. The Float is to meet the expenditure of maintenance and common charges of the property, during quarterly periods. 10. The Float will be replenished upon payment of the common account and then carried forward at the end of each accounting period. The deposit is held in a separate account and no interest shall be paid on the deposit. 11. If you sell your property, the Float will automatically be credited to your final account. If G&W s services are terminated, we can only refund Floats to Owners if we have the funds to do so. 12. Owners can make payment to accounts by: Direct Debit, Credit/ Debit card, Cheque, Bank Transfer or in person to any of our offices. Details can be found at: Any additional charges proposed will be notified to Owners. Additional fees out with our normal Management of the property as advised in the Terms of Service & Delivery of Standards will apply i.e. Appointment of Surveyors, Architects, additional meetings, dealing with building Guarantees Warranties/Claims, Major Repair works, Council Repairs Scheme, Organise retrieval of CCTV footage etc.

7 4. DEBT RECOVERY Non-payment of accounts will increase your liability through additional fees and may affect your credit rating. G&W will act reasonably at all times. 1. Our debt recovery is managed internally by our Paralegals, who may utilise additional services of Solicitors or Sheriff Officers as part of actions raised. 2. Quarterly Accounts are issued in February, May, August, and November if accounts remains unpaid after 4 weeks a late payment fee of VAT will be charged to the Owner concerned for additional Administration work. 3. Reminders are issued 30 days after the initial/or quarterly account 4. Telephone Call: 7 days after the reminder 5. Follow-up Letter Issued: 5 working days after telephone call, requesting contact is made. 6. Notice of Potential Liability (N.P.L) Letter: is issued only if contact is not made 5 working days after follow up letter. If a Notice of Potential Liability is recorded on the property title, all charges including an Administration fee will charged to the debtors account for a total of plus VAT and a charge of plus VAT for a Title Search. To discharge the Notice of Potential Liability, all charges including an Administration fee will charged to the debtor s account for a total of plus VAT. 7. Diligence Letter Issued: 5 working days after Notice of Potential Liability letter. 8. Sheriff Officer s Attendance will be charged at plus VAT to plus VAT including administration fee, depending on the level of debt owed. This cost will be allocated to the Owner concerned. 9. Other procedures may include Court Action, Judgements and Sequestration ( Bankruptcy) 10. Charges for the above would be allocated on an individual basis depending on the actions taken. 11. If outstanding debts are irrecoverable and the Deed of Condition states that debts can be redistributed between all other Owners jointly, then we will reserve the right to act accordingly. G&W will supply a written report on the steps and actions taken to recover the sums due at the point of reallocation of debt. 12. If Owners fail to pay their accounts timeously, this may prevent G&W delivering or instructing repairs or providing services on behalf of Owners. The code of conduct assumes a mutual obligation from both Factor and Owner and can only be delivered effectively where Owners acknowledge their responsibility for their property. As Agents the Factor is not engaged to cover Owners costs 7

8 5. INSURANCE 1. As per the Deed of Condition or agreement with Owners, G&W will arrange block building insurance. G&W will initiate and process insurance claims relating to common property. We will collate all estimates for repairs and instruct the Contractor as per the Insurance company instructions. An excess will apply. 2. Notifications of sums insured may not reflect current reinstatement value. 3. Owners are responsible to ensure their property is adequately insured for reinstatement value. If specified on the Deed of Condition G&W will instruct a survey for insurance purposes and if not we can arrange this on request and by a majority vote from Owners. This will incur additional charges paid in advance of each valuation undertaken. 4. A Common policy automatically includes for Bank or Building Society notes of interest. 5. Any improvements to property that materially alter same and may impact on a potential insurance claim must be notified in writing to G&W. 6. G&W have procedures in processing insurance claims for common and private works. A full hard copy of details can be supplied if requested or details can be found at: 7. Schedule of the insurance policy is sent to all Owners every year. Insurance policy booklets held can be viewed on our website co.uk or on request a hard copy can be sent by post. 8. G&W do not charge our Owners a fee for our Insurance services. However, we share with our Brokers a commission fee received from the Insurers for Administration and claims handling. Details of commission received can be supplied on request. 9. G&W are authorised and regulated by the Financial Conduct Authority and our registered number is G&W reserve the right to charge a handling fee/ commission for insurance policies through third party Brokers who are not on our panel. Insurance premiums will be payable annually and not quarterly in these circumstances. INSURANCE CHARGES INSURANCE CHARGES **1ST MAY (EACH YEAR) November * February* May* August* Advance Payment Advance Payment Arrears Payment A r r e a r s payment *= Quarter charge dates **= Insurance renewal date Example: Entry date 15th December Insurance Premium 100 annual 1st Account Insurance 15th December to 1st May (current Insurance year) 1st instalment 28th November advance of 1st May nd Account (28th February ) 2nd Instalment 28th February advance of 1st May rd Account 28th May 1st instalment 28th May arrears of 1st May th Account 28th August 2nd instalment 28th August arrears of 1st May It is Owner s responsibility to ensure that they pay their common accounts on time especially if it includes the block Insurance premiums paid by G&W on your behalf. This may have an effect, if or when you have to raise an Insurance claim and there are outstanding common charges. 6. REPAIRS & MAINTENANCE 1. G&W 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 VAT or such other sum as shall be agreed between G&W and the Owners from time to time. Subject to as after mentioned, 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 agreed by a majority of the Owners. After the submission of an estimate or estimates is provided by G&W to the Owners and funds by the Owners are received in full, G&W will instruct works. It shall be within G&W s discretion to instruct works at a cost exceeding VAT if they consider the expense to be justifiable on grounds of Health & Safety and to recover the costs thereof the same. G&W 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. An excess may apply. 2. G&W will not accept responsibility for property maintenance, if we have no funds to carry out necessary repairs. It is the responsibility of Owners to ensure they have the funds in place to carry out repairs. G&W are Agents and are not responsible for the funding of maintenance or repairs. 8

9 9

10 7. COMPLAINTS RESOLUTIONS G&W aim to provide our Owners with a reliable and efficient service at all times, however sometimes things can go wrong. When this happens we would like to know, in order that we can put things right. Building strong and lasting relationships with our Owners is important to us and we take the service we provide to you very seriously and will endeavour to deal with your complaint promptly. When a problem arises in the first instance we ask that you give the employee concerned the opportunity to discuss your complaint or dissatisfaction informally. If you feel that your complaint is not being resolved then we ask you to proceed with the following steps: STEP 1 Your complaint can be made in writing to: Property Management Limited Customer Service Department 65 Greendyke Street Glasgow G1 5PX info@grantandwilson.co.uk STEP 2 Once we have received your complaint, we will acknowledge receipt of your communication within 3 working days by your preferred method of communication and request that our complaints form is completed and returned to the Customer Service Department. The Customer Service Department will then fully investigate your complaint raised. You will receive a written reply within 21 working days. Our response will provide, where appropriate, additional information, details of our investigation and a course of action to resolve. STEP 3 In the unlikely event that you remain dissatisfied with the response you have received, you can write to: Property Management Limited Mrs Amanda Gilmour, Associate Director 65 Greendyke Street Glasgow G1 5PX If you are dissatisfied with this response received you can then place your complaint in writing to: Property Management Limited The Managing Director 65 Greendyke Street Glasgow G1 5PX STEP 4 If you remain dissatisfied with this final response and you require independent advice we would suggest that you contact: Homeowner Housing Panel (HOHP). An application to the Panel must be in writing and an application form can be downloaded from their website Homeowner Housing Panel (Applications and Determinations) (Scotland) Regulations IMPORTANT NOTES We strongly advise not to withhold payment for our services. Non-payment of your accounts will be subject to interest and late payment charges and may result in a Notice of Potential Liability being placed on your property. If you are a tenant renting accommodation that is managed by and we are not your Letting Agent, you need to refer your complaint to your Landlord or Letting Agent. 10

11 OTHER STATEMENTS G&W act as Agent on behalf of Owners and in accordance with Deeds of Condition. The Deeds bind Owners to meet property obligations. The appointment of G&W may be terminated by the majority of Owners or by G&W upon giving not less than three months prior notice in writing. Some terms of appointment/termination are in Deeds of Condition. If notice is given G&W will provide all financial information held, keys, guarantees, etc., relevant to the development within the 3 month notice period. 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 or through administration of justice. Property Management fees are reviewed annually, any changes to these fees will be given to Owners in writing. The Management fee payable is a fixed sum and represents the Agents fee for providing maintenance, cleaning, gardening, building insurance, meeting Contractors, Owners attending AGM S reviewing services, obtaining tender reports, undertaking annual review of building insurance, preparation and accounting to Owners on a quarterly basis and other services. Our charge is not made on time in line basis but on a fixed fee to cover the aforementioned items. Management Services will vary over the quarterly accounting period and during the 12 months and is payable on an equal share in accordance with our Conditions of Management. Where additional fees are over and above the standard charges and Factoring service charge Owners will be consulted in writing for consent prior to incurring expenditure. It is Owners responsibility to ensure that the condition of the Property/Development does not cause concern or pose a risk to third parties. Owners have a duty to inform G&W of any common works or required maintenance that causes concern. If advance funding is required by Owners for reports and maintenance then Owners will be notified of the apportionment share due in writing. If advance funding is received and for whatever reason such works do not proceed the sums held by G&W will be refunded to the Owner/s. G&W employees will communicate with Owners in a polite and professional manner. G&W employees are not employed to be abused verbally by either telephone, face to face or in writing by Owners. G&W instruct Insurance Brokers to arrange both Buildings cover and Property Owners Liability cover with a range of Insurers. G&W do not receive any benefit from Contractors or Service Supplier appointed on behalf of Owners. All Contractors appointed by G&W have supplied us with their liability insurance, terms of hourly rate and call out charges. These Terms of Service can be revised at any time and an updated copy can be found at: www. grantandwilson.co.uk 11

12 12

13 CONDITIONS OF MANAGEMENT OF PREMISES IN FLATTED/HOUSE PROPERTY FOR BLOCKS AND DEVELOPMENTS AND STEADINGS 1. In these conditions: - An Owner means the proprietor of any part of flatted/house 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. Where no insurance is involved Agent means the Property Manager acting on behalf of all Owners. 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 or developer of the premises in the property or development. 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 afore mentioned, 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. An excess may apply. 4. Each Owner of premises in the property/ development will deposit with the Property Manager the sum of 100 or such other sum as stated within the Deed of Condition or with the Owners/Developer 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 and as appropriate, the share determined in accordance with the provision of the relevant Title Deeds and or Conditions of Management. The costs of repairs, maintenance, insurance premiums, common and private charges together with Management Fees and any other fees applicable as rendered to Owners. The Management Fee payable under these Conditions of Management is a fixed quarterly sum and represents the Agents fee for providing Property Management Services to include organising amongst other items repairs, maintenance, cleaning, gardening, buildings insurance, meeting with Contractors, Owners, attending AGMs, reviewing services, obtaining tender reports, undertaking annual review of buildings insurance, preparation and accounting to Owners on a quarterly basis and other services. Our charge is not made on a time in line basis but on a fixed fee to cover the aforementioned items. Management Services will vary over the quarterly accounting period and during the 12 months and is payable on an equal share in accordance with our Conditions of Management. 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 therefore 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 13

14 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. Our office will not accept responsibility for property maintenance if we have no funds to carry out necessary repairs. The property belongs to Owners we are merely Agents. 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/her and which is occupied by him/her 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 or deemed to accept them in developments where Grant & Wilson Property Management Limited are already appointed, notwithstanding that they do not apply or cease to apply to other Owners of premises in the same property/development. 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. 14

15 SCHEDULE OF MANAGEMENT DUTIES REFERRED TO IN THE FOREGOING CONDITIONS OF MANAGEMENT 1. 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. 2. 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. 3. Where a repair requires the services of more than one Trade, arrangements for the several firms of Tradesmen to coordinate their work will be made. 4. 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. 5. 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 a professional report on the completed repair. Fees will be chargeable to the Owners. (*) 6. 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. 7. The Property Manager will also ensure that accounts for insurances, cleaning, gardening 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. 8. 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. Any fee chargeable will be at a minimum as set out within the Scottish Minor Contracts. 9. When a change of Ownership takes place, the Property Manager will on request make the necessary apportionment of insurance, repairs, cleaning, gardening and other outgoings between the seller and the purchaser. Any charge for this additional work will be payable by the seller. (*) Information required as part of a Single Survey Report will be subject to a separate fee which is not covered, by the Quarterly Management Charge. This Additional fee, will be payable either by Solicitors/Agent or Owner. The fee will be dependant upon the time and work involved in getting information at an Owner s property. 10. If requested, the Property Manager will arrange to supply one Photostat copy of Tradesmen s accounts to one Owner per building each quarter year. 11. The Property Manager will guide and assist Owners in submitting applications for grants towards the cost of common repairs or improvements. (*) 12. 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. 13. 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 coowned 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. 14. The Property Manager will convene a meeting of the Owners at least once per annum if requested and as per the Deeds of Condition. Owners will be requested at any meeting to sign an attendance sheet which will be forwarded to all Owners with the minutes of the meeting. 15. These conditions are subject to revision from time to time and any revisions will form part of any ongoing and existing contract. 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. 15

16 THE LAW AND DOGS DOGS AND FOULING It is an offence for any person in charge of a dog to allow the dog to deposit its excrement on a footpath, pedestrian precinct, children s play area or grass verges adjacent to a footpath which is maintained by a local authority. It is also an offence in sporting or recreational areas maintained by local authority where special signs are erected. Dog fouling in private land, e.g., back courts, can be dealt with by a private legal action by individuals. DOGS AND ANNOYANCE Annoyance can be caused by dogs barking, being aggressive, urinating in closes, etc., can be dealt with by a private legal action by individuals. Action against the owners of barking dogs by the Environmental Health Department is also possible. DOGS AND DANGER The law relating to dogs can be summarized as follows:- 1. All dogs must, by law, be kept under proper control. Failure to do so can be an offence. 2. It is illegal to have certain breeds of fighting dogs unless the dog was formally registered and is insured, tattooed, etc. 3. Dogs which are deemed to be dangerous, including dogs which worry livestock, may be destroyed by order of the Courts 4. Special legal requirements exist concerning the control and use of guard dogs on the premises 5. It is possible for individuals to take independent legal action against the owner of a dog which causes danger or injury to a person in a public place. Information on this option can be obtained from the District Court. The Police are responsible for enforcing the law on dangerous dogs. If you re in doubt, ask for advice at your local police station or consult a solicitor 16

17 DIRECT DEBIT Direct debit offers you easy budgeting and no-fuss payments through your bankers. If you would like to pay by direct debit, the following information will explain how to arrange payment. Simply complete the application and direct debit instruction and return them to us. Your payment is collected automatically on the same day each month by direct debit from your account. If there is a delay in processing your application, the first collection may include more than one monthly payment. Your monthly payment will be the equivalent of 1/12th of the annual insurance, management and other costs, plus the handling charge. When we receive your monthly payment application, the arrangement has to be confirmed by your bank or building society before the debits can begin. Please allow 14 days before the commencement date of your payments so that this can be done. The monthly amounts may have to be varied to take account of expenditure on the property; advance notice will be given to this effect. FUTURE CHANGES Once your direct debit starts, there are no more forms to fill in we will simply continue to apply to your bank or building society for the monthly premium. This will automatically be adjusted to take account of changes you may make to your payments, but we will always confirm the revised amount to you in writing before debiting your account. We will also write to you each year informing you of any alterations and reminding you to give details of any changes, which could affect your insurance. CANCELLATION OR DEFAULT Should you wish to cancel your direct debit, simply notify us in writing and we will stop applying for your monthly payment. You should also tell your bank or building society to discontinue the direct debit instruction. If any direct debit instruction is not honoured, before this cancellation takes effect, we will give you seven day s written notice. To arrange a direct debit, you must have a current account with one of the clearing banks, Girobank or a suitable building society account. Direct Debits cannot be charges to deposit or savings accounts. (Private individuals must be at least 18 years old). The direct debit system is carefully regulated by the operating banks/building societies to ensure that you re fully protected. 17

18 Please fill in the whole form and send it to: Property Management Ltd, 65 Greendyke St, Glasgow G1 5PX Name and full postal address of your bank or building society To: The Manager Address Bank/building society Instruction to your bank or building society to pay by Direct Debit Service user number Postcode Name(s) of account holder(s) Bank/building society account number Instruction to your bank or building society Please pay Property Management Ltd Direct Debits from the account detailed in this Instruction subject to the safeguards assured by the Direct Debit Guarantee. I understand that this Instruction may remain with Property Management Ltd and, if so, details will be passed electronically to my bank/building society. Signature(s) Branch sort code Reference Date Banks and building societies may not accept Direct Debit Instructions for some types of account DD14 This is not part of the Instruction to your bank or building society and must be detached by Property Management Ltd before submission to the paying bank. PROPERTY ADDREDSS Monthly Amount Preferred Monthly Direct Debit Date 1st 15th 28th 18 This guarantee should be detached and retained by the payer. The Direct Debit Guarantee This Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits If there are any changes to the amount, date or frequency of your Direct Debit Property Management Ltd will notify you 14 working days in advance of your account being debited or as otherwise agreed. If you request Property Management Ltd to collect a payment, confirmation of the amount and date will be given to you at the time of the request If an error is made in the payment of your Direct Debit, by Property Management Ltd or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society If you receive a refund you are not entitled to, you must pay it back when Property Management Ltd asks you to You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us

19 OWNER S CONTACT DETAILS Title:... First Name:... Surname:... Telephone:... Mobile: JOINT OWNER S CONTACT DETAILS Title:... First Name:... Surname:... Telephone:... Mobile: MANAGED PROPERTY ADDRESS House/Building Number:... Flat Position:... Address Line 1:... Address Line 2:... Address Line:... Post Code:... BILLING ADDRESS (if different from above) House/Building Number:... Flat Position:... Address Line 1:... Address Line 2:... Address Line:... Post Code:... FURTHER INFORMATION Is the Property Let? YES/NO Letting Agents:... Address:... Post Code:... Telephone:... Factor s Registration Number: PF

20 65 Greendyke Street, Glasgow G1 5PX. Tel: Fax: Coalhill, The Shore, Leith, Edinburgh EH6 6RH. Tel: Fax: Property Residential & Land and Insurance Management Commercial Home Sales Agents Letting