Property LIMITED. Owner s Handbook

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1 Property ManagemeNt LIMITED Owner s Handbook This Owner s Handbook is intended as a guide to our Factoring Service to be provided to all our existing and prospective clients.

2 CONTENTS Section 1 Who we are Page 3-4 Section 2 Our Factoring Service Page 5-6 Section 3 Common Repairs Page 7-9 Section 4 Our Charges Page Section 5 Paying Our Charges Page Section 6 Enquiries and Complaints Page 15 Page 2

3 Section 1 WHO WE ARE? WS Property Management Limited WS Property Management Ltd (WSPM) Company No. SC is a subsidiary of Whiteinch & Scotstoun Housing Association Ltd (WSHA), which is a Charity Registered in Scotland (SC035633). As a Charity, WSHA is limited in its trading activities; the factoring service to owners is the main trading activity and therefore it is delivered through WSPM. WSPM, whose Property Factor Registered Number is PF000097, has its own Board of Directors who are responsible for directing the day to day business operations, reporting to the parent company WSHA as required to maintain good governance. WSPM operates from its own office on the corner of Northinch Court and Dumbarton Road. Opening times are Monday to Friday (excluding Public Holidays) 10.00a.m. to 1.00p.m. and 2.00p.m. to 4.00p.m., however we recognise that many owners find it difficult to access our service during working hours and therefore we will offer early evening access by appointment should you wish to see a member of staff. Our contact details are telephone and Page 3

4 Section 1 Our Staff WSPM employs a dedicated Factoring Manager to support our owners, and WSHA provides operational support to the Factoring Service. Services such as reactive repairs to the common areas and the co-ordination of planned maintenance will be supported by and benefit from the knowledge and experience of staff within the parent company. WSPM welcomes feedback on our service. We endeavour to send out regular Satisfaction Surveys to solicit the views of those in receipt of our services. However, we are happy to accept feedback at any time in writing to the office or by ing Page 4

5 OUR FACTORING SERVICE Our Clients At 1st April 2013, factoring services were delivered to 485 domestic properties 93 shops 2 offices 4 workshops. These are all along the Dumbarton Road Corridor from Harmsworth Street to just beyond Harland Street. However, as WSPM we intend to grow the business and therefore may become factor for properties out with this area. Our Service Section 2 To briefly summarise the service, each property we factor is governed by common law rules of common interest and common property, the definition of which can be found within the Title Deeds to your property. On our owners behalf, WSPM deals with repairs and tradesmen, collects shares of tenement common repair bills, provides a block insurance policy and handles estate management of the properties within the above area. Page 5

6 Section 2 Our Role as Factor The main responsibility of the Factor is the general management and administration of the common property or development. The Factor s specific powers, duties and responsibilities are defined in the Deed of Conditions, but can be summarised as follows: a. To arrange and oversee the maintenance, general upkeep, repair and any improvements required to the common parts of the property. b. To instruct minor common repairs up to a fixed sum without reference to the proprietors, and to obtain majority consent from the proprietors where larger common repairs are required. c. To maintain and review the Cyclical Maintenance Fund Repairs Float (if one exists). d. To convene proprietors meetings when required, or as requested by the proprietors. e. To ensure compliance by the proprietors with obligations, prohibitions on use of property or other restrictions as contained within the Deed of Conditions. To take appropriate action as required on any infringement. f. To invoice the proprietors and be accountable for expenditure incurred on the proprietors behalf. To recover outstanding debts by the various methods available under the Deed of Conditions. g. To ensure that all properties factored by WS Property Management Ltd are insured for Fire, Storm and Property Owners Liability. We will also hold a 50 deposit from the owners of properties where this is a condition of Title. Terminating the Service Owners wishing to terminate the service, for example, to move to another factor, must have the agreement of the majority of the owners in his/her close. A mandate, signed by the majority of owners will be sufficient to terminate the service which will take until the end of the next charge period to come into effect. This is to ensure that all repairs invoices for the close are received from the contractor and duly billed before termination. Page 6

7 COMMON REPAIRS Section 3 WSPM Limited, as Factor will co-ordinate repairs to the common areas of its factored properties. We do not carry out repairs within individual owners homes. Reactive or Day-To-Day Repairs Common Reactive Repairs should be reported to the WSHA office, where possible, at the outset of the working day by telephoning Common repairs outside office hours can also be reported using this number which diverts to our call handling service. You can also report repairs by to We use Contractors approved by Whiteinch & Scotstoun Housing Association for such works. As the services of these contractors are competitively tendered and the quality of their work is continually monitored, we hope that this will result in keeping your costs reasonable and ensuring that works are carried out to a high standard. Our response times for common repairs are as follows:- Emergency Repairs Repair within 6 hours from receipt of report. Urgent Repairs Routine Repairs Repair within 3 working days from receipt of report. Repair within 10 working days from receipt of report. In the case of Common Reactive Repairs that cost more than 2,000 over the whole tenement, an estimate of your share will be sent to you with a consultation slip as majority consent would be required before such works are carried out. Please note that where WSHA is the majority owner in any close, owners should recognise we will vote to proceed with the works. And, in the case of emergency works, we would instruct the necessary repairs without going through the consultation procedures. The use of the term emergency works should be understood to mean work to the building, or parts thereof, which are necessary for the safety and well being of the occupants and the public. WSPM Limited, as Factor, will co-ordinate repairs to the common areas of its factored properties. We do not carry out repairs within individual owners homes. Page 7

8 Section 3 Cyclical and Planned Common Works Our parent company WSHA, through its Cyclical and Planned Maintenance Policy, aims to ensure that it has a maintenance strategy that will deliver a high quality and efficient programme of planned and cyclical works to prolong the useful life of its buildings and provide a comfortable living environment for its residents. By doing this it will also endeavour to meet the Scottish Housing Quality Standard set by the Scottish Government. WSHA endeavours to balance quality and price when appointing contractors and consultants to maintenance contracts. Contracts will be openly advertised and, if required, be subject to Official Journal of the European Community procurement procedures. Owners will be made aware of the tendering process used for each contract and the outcome and will have the opportunity to scrutinise tender documents. As cyclical and planned works tend to cost more than 2,000 over the whole tenement, owners will receive correspondence well in advance of the programme with an estimate of their share. This will be accompanied by a consultation slip as majority consent would be required before such works are carried out. Page 8

9 WSPM will establish majority consent as follows:- Section 3 By totalling the number of owners actively voting yes for the works to proceed. Where a close is split 50/50 in terms of number of owners, by working out the % share voting each way and using this to determine a majority. Taking no response from an owner as a yes vote after all reasonable means to contact have been exhausted. Please note that where WSHA is the majority owner i.e. owns the most flats or has the majority share in any close, other owners should recognise we will vote to proceed with the works. In order to keep our Management Fee at an acceptable level, most of our consultation will be done by writing to owners. However, we will organise owners meetings where we believe these would be beneficial, offering owners the opportunity to meet with consultants and contractors and to discuss payment arrangements. In a small number of cases there are Deeds of Conditions which allow owners to veto improvements to the properties. In such cases, these owners will have to prove that the work identified by WSPM is an improvement, rather than a repair for which there is no veto. Page 9

10 Section 4 OUR CHARGES Timing of Common Charges Accounts The fees for the current year are circulated in April and should be kept with this handbook. Common Charges accounts are issued each quarter. The Quarters are April to June (invoiced on or about 10th August) July to September (invoiced on or about 10th November) October to December (invoiced on or about 10th February) January to March (invoiced on or about 10th May). For budgeting purposes owners should expect to see the Management Fee, Service Charge, the 10 Cyclical Fund (if applicable) and the share of any reactive repairs which have occurred in the quarter billed every quarter. The block insurance policy cost is billed in the April to June quarter, and any cyclical or planned works are billed after the final accounts are agreed with the contractor. WSPM will send a statement to owners approximately two weeks after each invoice which sets out all the transactions on the account for the last two years. Statements going back beyond two years are available on request. Management Fee The Association s Management Fee is set across our factored stock and meets the staffing and overhead costs associated with the business. Page 10

11 Section 4 Insurance Premium The block insurance premiums are set fees, one fee for flats/houses and one for shops/commercial premises. The annual premiums are inclusive of Insurance Premium Tax levied by HM Government. Insurance cover runs from 1 April to 31 March and, as indicated earlier in this brochure, is charged out as a one-off cost in the April to June quarter invoice. Owners who do not wish to access the block policy must provide WSPM with a copy of their policy each year showing the dates when it is valid and what is covered so that we can ensure the common areas are insured to rebuild value should there be a major incident. This is in line with our role of Agent to ensure that all our properties are insured for Fire, Storm, and Property Owners Liability. NB: You must arrange Contents Insurance separately. If you own, but do not occupy your flat, you may need additional insurance cover. Page 11

12 Section 4 Service Charge The Service Charge is a set fee across our factored stock and covers such items as the upkeep and maintenance of the backcourt area, gardening/landscaping works, unmetered supplies to the close and stair lighting, and close window (or close) cleaning where applicable. For a detailed list of the service, and current service contractors, at your property please contact the Factoring Manager. Please note that we do not allow opt out of a service unless there is a very good reason. Property Sales Administration Fee (at point of sale only) Where an owner sells a property within a tenement which WSPM factors, we are normally asked to provide documents related to the rehabilitation works carried out. The documents generally requested are Planning Permission, Building Warrant, Completion Certificate, Plans, Feu Duty Receipts, Specialist Guarantees (including Survey Reports) and details of the Insurance arrangements. Final Accounts have also to be produced and our records amended. This level of work requires us to levy an Administration Charge, which is included in the Final Account to the selling owner. Page 12

13 Section 5 PAYING OUR CHARGES How to Pay Copies of past Common Charges Invoices can be obtained, however a charge per invoice may be made if the work required justifies this. Repairs Invoices can be inspected within two weeks of issue and it would be helpful to contact WSPM to arrange an appointment to guarantee their availability when calling. As our charges are sent out in arrears, i.e. six weeks after the end of the quarter to which they relate, they are due on receipt of the common charges invoice. All domestic owners are provided with an Allpay Card. This is the preferred method of payment because:- Owners can use the unique reference number to pay online at Payments can be made at any PayPoint or Post Office Allpay payments are drawn down into accounts within 48 hours of being made. This optimises account management from both the owner s and WSPM s point of view and is very accurate. Payments can also be made over the telephone using a Debit Card. Commercial owners, where their shop is a single unit, can also use the Allpay system. Cards are available by contacting the Factoring Manager. While WSPM is happy to receive a cheque from the owners of double unit commercial premises, other owners should refrain, if possible from using this method as postings to account will be subject to delay. When sending a cheque please make it payable to WS Property Management Ltd. and write the account number and property address on the rear to avoid misposting. There is no facility for handling cash payments at WSPM s Offices. If owners are in difficulty paying their charges and would prefer to set up a monthly standing order this can be accommodated and details are available from the Factoring Manager. However, it should be noted, WSPM may not receive acknowledgement of a payment made through the bank until, perhaps 10 or more days later. Page 13

14 Section 5 Our Debt Management Policy With a Housing Association as our parent company, WSPM understands that people can face financial difficulty and we try to support owners in debt as far as possible. However, paying factoring charges should be seen in the same light as paying the mortgage on the property and should be budgeted for accordingly. Owners also must realise that many of the properties in which they live, particularly the pre-1919 tenement stock are old, high buildings which are expensive to repair. If an owner finds they are unable to pay a WSPM account on receipt, the most important thing is to make contact with the office as soon as possible to discuss an arrangement. Keeping silent may result in the debt being taken to Court stage which will both increase the debt and have an effect on credit rating. We will monitor arrangements and renegotiate these as necessary to ensure debts are paid off as soon as possible. If you are an owner and miss paying one invoice and do not respond to the statement thereafter, we will send you a reminder to pay within 7 days. If you still do not respond we will send one further reminder before instructing our debt management solicitors. Please note if you fail to keep to an Things to note:- 1. Owners who do not live in the properties we factor must provide us with a current billing address. A number of our absentee owners have found themselves with Court expenses which could have been avoided had their invoices and statements gone to the right place. arrangement, or accrue a debt beyond one invoice, we may only send you one reminder before referral. When instructed our debt management solicitors will send two pre-sue letters (if necessary) advising you of the debt before initiating Court action. Court action usually results in a decree which awards WSPM the debt on the account, plus expenses. The owner s credit rating is affected until the debt plus expenses are fully paid. If WSPM has concerns about the owner s ability to pay a debt it will place a Notice of Potential Liability on the property or an Inhibition on its sale. Both of these methods will allow us to recover the debt, plus expenses, plus (in the case of the Inhibition) interest at the point of sale. 2. Simply writing into a lease agreement for, say, a commercial premises that the tenant is liable for the factoring costs does not change the factoring relationship. If your tenant fails to pay we will sue you as owner as this is what the law allows. Page 14

15 Complaints Handling Procedure WSPM is always aiming to deliver the best service we can. However, we realise that sometimes things may not go as intended or that someone receiving the service is not satisfied with it. Last October, in line with guidance from the Scottish Public Services Ombudsman, we introduced a new complaints handling procedure which deals with complaints people might have about the service we offer and seek to deliver. Anyone wishing to raise a complaint should, in the first instance, raise the matter with our Factoring Manager who will try to deal with it as quickly and informally as possible. The target timescale for dealing with complaints at this level is five working days (although in more complex cases this may be extended to up to ten working days). If a complainant is still dissatisfied after this, they can raise their concerns to what is now called the investigation stage. This will be handled by a senior member of staff, WSHA s Deputy Chief Executive, depending on the nature of the complaint. (In some cases, initial complaints may be considered to be Section 6 of a nature that requires investigation from the outset and, in such cases, they will move directly to this stage). The target timescale for this stage is twenty working days (or if particularly complex to a timescale that is agreed as reasonable). After this stage, if a complainant is still dissatisfied, they have the right to take the matter to the HomeownerHousing Panel (who will not consider any complaint until this stage has been carried out). They can be contacted as follows: Homeowner Housing Panel, Europa Building, 450 Argyle Street, Glasgow G2 8LH It should also be noted that normally complaints will only be taken if they are received within six months of the event being complained about, or within six months of finding out that there is a reason to complain, but no longer than 12 months after the event itself. These timescales will only apply if exceptional circumstances can be demonstrated. Page 15

16 WS Property Management Limited Company No: SC PFR No: PF VAT No: Workspace 4, 1A Northinch Court, Glasgow, G14 0UG Tel:

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