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Property Factors (Scotland) Act 2011

Section 19 – Determination by homeowner housing committee

71.Subsection (1)(a) requires a homeowner housing committee, on receipt of an application referred to it by the president, to decide whether the property factor has failed to carry out the property factor’s duties or to comply with the section 14 duty.

72.If a committee decides that a property factor has failed to carry out the property factor’s duties or to comply with the section 14 duty, it must then consider whether to make a “property factor enforcement order” (subsection (1)(b)). If it proposes to make such an order, the committee must give notice of that proposal to the property factor and allow the parties (that is, the property factor and the homeowner) an opportunity to make representations (subsection (2)).

73.Subsection (3) obliges the committee, where it is satisfied (after taking into account any representations received) that the property factor has failed to carry out the property factor’s duties or to comply with the section 14 duty, to make a property factor enforcement order. Subsection (4) states that, subject to the appeals provisions contained in section 22 of the Act, matters considered and decided on by the committee cannot be adjudicated on by any other court or tribunal.

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