Scottish Law Commission to look at compulsory owners’ associations for tenements

Scottish Law Commission to look at compulsory owners’ associations for tenements

The Scottish Law Commission has received a reference from the Scottish government on establishing compulsory owners’ associations in tenement properties.

The project will consider changes to the law in order to establish compulsory owners’ associations for tenement properties.

The reference asks the commission: “To review the law of the tenement in Scotland, including the Tenements (Scotland) Act 2004, and make recommendations for reform to implement recommendation 2 (establishing compulsory owners’ associations) of the Final Recommendations Report dated 4 June 2019 of the Working Group on Maintenance of Tenement Scheme Property.

“Your recommendations should include proposals on the establishment, formation and operation of compulsory owners’ associations and the rights and responsibilities to be imposed on them, including, insofar as you consider appropriate and desirable, such rights and responsibilities in relation to recommendations 1 (building inspections) and 3 (establishment of building reserve funds) of the report.”

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