The Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009

PART 1 INTERPRETATION

RULE 1 – INTERPRETATION

Definitions

1.  In this scheme, unless the context otherwise requires–

“the Act” means the Title Conditions (Scotland) Act 2003(1);

“advisory committee” means any such committee formed in pursuance of rule 15.1;

“association” means the owners' association of the development established under article 4 of the Development Management Scheme Order;

“deed of disapplication” means a deed granted pursuant to section 73 of the Act;

“deed of variation” means a deed of variation or discharge granted pursuant to article 7 or 8 of the Development Management Scheme Order;

“the development” is [specify the extent of the development];

“the Development Management Scheme Order” means the Title Conditions (Scotland) Act 2003 (Development Management Scheme) Order 2009(2);

“general meeting” means an annual or other general meeting of the association;

“maintenance” includes repairs or replacement, cleaning, painting and other routine works, gardening and the day to day running of property; but does not include demolition, alteration or improvement unless reasonably incidental to the maintenance;

“manager” means the person appointed to be manager of the association;

“member” means a member of the association in accordance with rule 2.3;

“owner” has the meaning given in article 18 of the Development Management Scheme Order;

“regulations” means regulations made under rule 3.6;

“reserve fund” means money held on behalf of the association to meet the cost of long term maintenance, improvement or alteration of scheme property or to meet such other expenses of the association as the association may determine;

“scheme property” means [describe the property which is subject to maintenance under the scheme];

“service charge” means the contribution to association funds payable in accordance with Part 4 of this scheme and includes additional service charge; and

“unit” means [specify the individual properties forming the development].

(1)

2003 asp 9.

(2)

S.I. 2009/ 729 (S.2).