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Tenements (Scotland) Act 2004

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This is the original version (as it was originally enacted).

Provision supplementary to rule 3.3

This section has no associated Explanatory Notes

3.4Where a requirement is, or is to be, made in accordance with rule 3.3—

(a)the owners may make a scheme decision authorising a manager or at least two other persons (whether or not owners) to operate the maintenance account on behalf of the owners,

(b)there must be contained in or attached to the notice to be given under rule 3.3 a note comprising a summary of the nature and extent of the maintenance to be carried out together with the following information—

(i)the estimated cost of carrying out that maintenance,

(ii)why the estimate is considered a reasonable estimate,

(iii)how the sum required from the owner in question and the apportionment among the owners have been arrived at,

(iv)what the apportioned shares of the other owners are,

(v)the date on which the decision to carry out the maintenance was made and the names of those by whom it was made,

(vi)a timetable for the carrying out of the maintenance, including the dates by which it is proposed the maintenance will be commenced and completed,

(vii)the location and number of the maintenance account, and

(viii)the names and addresses of the persons who will be authorised to operate that account on behalf of the owners,

(c)the maintenance account to be nominated under rule 3.3 must be a bank or building society account which is interest bearing, and the authority of at least two persons or of a manager on whom has been conferred the right to give authority, must be required for any payment from it,

(d)if a modification or revocation under rule 3.1(i) affects the information contained in the notice or the note referred to in paragraph (b) above, the information must be sent again, modified accordingly, to the owners,

(e)an owner is entitled to inspect, at any reasonable time, any tender received in connection with the maintenance to be carried out,

(f)the notice to be given under rule 3.3 may specify a date as a refund date for the purposes of paragraph (g)(i) below,

(g)if—

(i)the maintenance is not commenced by—

(A)where the notice under rule 3.3 specifies a refund date, that date, or

(B)where that notice does not specify such a date, the twenty-eighth day after the proposed date for its commencement as specified in the notice by virtue of paragraph (b)(vi) above, and

(ii)a depositor demands, by written notice, from the persons authorised under paragraph (a) above repayment (with accrued interest) of such sum as has been deposited by that person in compliance with the scheme decision under rule 3.2(c),

the depositor is entitled to be repaid accordingly, except that no requirement to make repayment in compliance with a notice under sub-paragraph (ii) arises if the persons so authorised do not receive that notice before the maintenance is commenced,

(h)such sums as are held in the maintenance account by virtue of rule 3.3 are held in trust for all the depositors, for the purpose of being used by the persons authorised to make payments from the account as payment for the maintenance,

(i)any sums held in the maintenance account after all sums payable in respect of the maintenance carried out have been paid shall be shared among the depositors—

(i)by repaying each depositor, with any accrued interest and after deduction of that person’s apportioned share of the actual cost of the maintenance, the sum which the person deposited, or

(ii)in such other way as the depositors agree in writing.

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