There are in the Development 92 houses or flats, allocated secure covered car parking spaces and an office. It is impractical for all these owners to take an active part in overseeing the management which is what the Deed of Conditions require.
The 71-87 Lancefield Quay Owners Association (“LQOA”) has therefore been formed with a committee structure to perform this service on behalf of all owners.
The Building (“The Building”) at 71-87 Lancefield Quay, Glasgow, as described in the Title Deeds, was developed by City of Glasgow District Council (as it then was) in around 1989. The Council wanted to promote good quality residential accommodation on the riverside where the former use had been industrial. The local authority was successful and the Building was followed by many others.
Maintaining the condition, value and amenity of the Building requires a great deal of skilled management effort. This is delegated by the owners to factors who must operate as required by the Deed of Conditions which is part of the title to every flat. Over the years it has become apparent that this arrangement by itself is not adequate to achieve the required objective. There needs to be a management infrastructure which will enable the owners to take charge and ensure that what needs to be done is done. The role of the Association is essentially that of oversight, making recommendations to owners to employ and dismiss factors, and to take other decisions required by the Deed of Conditions, and ensuring that the factors perform to the required standard. The work of the Owners Association is done by a committee which is subject to election each year.
Nothing in the powers of the Association can prejudice the legal rights and obligations of the owners as expressed in the Deed of Conditions.
As an example: as it is the owners and not the Association who have power to make decisions under the Deed of Conditions, it is envisaged that the annual meeting of the Association will immediately precede the annual meeting of the owners.
During the process of forming the Owners’ Association, the following owners’ objectives were identified and subsequently included in the appointed factor’s written statement of services:
- Improvement in the condition of the building to contribute to increasing the value of each flat.
- Obtaining good value for the service charge.
- Working towards a spirit of mutual support amongst residents to help to make it a better place to live.
- Taking into account the interests of non resident landlords and their tenants
- Prompt collection of service charges.
- Prompt and adequate maintenance and repair.
- Keeping the premises clean and tidy.
- Adequate monitoring of contractors.
- Provision of all necessary information to owners, and tenants where appropriate.
- Provision of transparent and understandable accounts and reserving funds for major items of expenditure.
- Providing a means for resolving the enforcement of the conditions of ownership in the title deeds.