Residents association query

moneyistooshorttomention

Definitely worth checking the Deeds.

People will sometimes state quite authoritatively that "The Deeds say so-and-so". However, the second you check those Deeds - they don't at all or the person reading them in the first place isn't quite as bright as they think they are and they have misinterpreted them.

Increasing everyone's monthly maintenance fee (within reason) does sound a better idea than "I've done it - so pay up now" (ie his present modus operandi).

It would be interesting to know exactly how this factor system operates in Scotland - but I'd be willing to bet there is still some sort of democratic accountability built into the system (Like everyone being given copies of written quotations for work/yearly accounts/etc).

Torry_Quine

G_M wrote: »

I also believe it's normal (common?) to have a 'Factor' to manage blocks in Scotland, though I don't understand the legal set up. Perhaps he is the building Factor?


I would be contacting all flat owners. If the flats are tenanted, find the owners. Knock on doors and ask. Use the Land Rgistry. Write letters. Google addresses Use a bit of initiative and find the other people.

.

having lived in flats in Scotland for many years and have never had a factor or indeed anyone else in charge of the management. Have never had to pay regular fees.

It's always been a case of the owners getting together and agreeing what needed to be done.

G_M

A quick google of "scottish property factor" finds

http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_and_maintenance_in_common_areas/property_managers_and_factors


http://sedsh119.sedsh.gov.uk/propertyfactorregister/

http://www.gov.scot/Topics/Built-Environment/Housing/privateowners/propertyfactors/2011Act

http://www.pmas.org.uk/


And this thread discusses flats in Scotland ( freehold; Fuehold;

https://forums.moneysavingexpert.com/discussion/1656429

DandelionPatrol

Beavishep wrote: »

I suggested to him that it may be a better idea to increase everybodys monthly maintenance fee to cover any future work, that way the voting system hes using would then decide how to spend money already saved, rather than his current system of him deciding to have work done then tell us we have to pay for it!

You would have even less control if he already had the money! The way things are, he would be thinking twice about whether he would be able to extract the money.

DandelionPatrol

http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_and_maintenance_in_common_areas/property_managers_and_factors is a useful link on factors which I think applies. This in turn links to http://www.gov.scot/Publications/2012/07/6791/downloads from which the Code of Practice for Factors can be downloaded.

From the Shelter Scotland site

Under the Code of Conduct property factors must give homeowners a 'written statement of services'. This must state:

• authority to act - the basis on which they are acting on behalf of all the homeowners in the building
• services - the main services that they will provide
• additional services - any services that may be required in addition to the main services provided
• cost and billing - how much their services cost (including how they will be split between homeowners), how often homeowners will be billed and how payments will be collected
• complaints handling - their complaints handling procedure
• timescales for reponses to requests - how soon they will respond to letters, emails and phone calls
• declaration of interest - any financial or other interest the building being managed, e.g. are they a letting agent or a homeowner themselves?
• ending the arrangement - how to bring the property factoring agreement to an end.

Also

The important points

• Property factors are property managers and they will look after your property for a fee.
• Every property factor in Scotland must be registered in the register of property factors, and they must comply with the Code of Conduct for property factors.
• The Code of Conduct requires property factors to have a complaints procedure in place.
• If your factor is not registered they could be fined up to £5,000.

The fine suggests that there may be some useful leverage to rein in the resident's association.

moneyistooshorttomention

Ooh yes indeed...I'd be willing to bet that the Factor isn't registered. He certainly wouldn't fancy a £5,000 fine I'm betting.

The thing I wonder is if that Code of Conduct is mandatory or advisory?

The way its phrased it sounds as if its something that any factor would have no choice but to abide by, but I would check for sure personally.

Certainly a very useful thing to quote though - even if it is only advisory.

I'm also wondering about the point that states "They will look after your property for a fee" - which I take as meaning that this factor would be entitled to charge a fee for his services in being a factor, as well as what the property itself requires for maintenance costs. I would be wanting to check what the position is there - ie would he charge a fee? If so, how much? What provisions would there be for him to award himself a cost-of-living rise annually and would there be any way he could "fiddle the system" to award himself a cost-of-living payrise that was higher than inflation figures in fact?

G_M

moneyistooshorttomention wrote: »

....
I'm also wondering about the point that states "They will look after your property for a fee" - which I take as meaning that this factor would be entitled to charge a fee for his services in being a factor,

But surely a Factor would have to be appointed? Presumaby eiher by the RA, or by the residents/owners directly in some way?

I can't believe one resident can simply appoint himself as Factor (whether he charges a fee or not)?

And if he does charge a fee, surely the RA (or whoever) would have to agree the fee, and have the option of switching Factors if his fee increased unreasonably?

The whole question of the origins of his authority is as yet unresolved.

moneyistooshorttomention

Indeed!

I'm sure that there are quite a few of us that would like the chance to just "appoint ourselves" to any paid position we fancy.

Now I fancy having a decent-level part-time job at reasonable rate of pay. Think the next time I spot one being advertised - I might just try it out for size to write to the advertiser and say "I have just appointed myself to your position".

I have a funny feeling I might get short shrift though:rotfl::rotfl:

Beavishep

He put it to me that he adopted the position from the woman he bought 1 of his flats from as nobody else wanted to do the job, this was around 5 years ago, he did it voluntarily up until 18 months ago when he wrote letters to everybody saying he had wanted to resign but nobody would take it on, he then stated that he would carry on for a fee, which he suggested he would do for the cost of his monthly maintenance, nobody objected to that.

G_M

Well, in the spirit of the above, I wish to take on the job of property adviser for the forum. Having anounced that, and provided no one objects within my time limit (36 minutes), I will assume I have the job.

Thenceforth I will charge a fee, which I will set myself, to each person who starts a new thread here.