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Enforcement of conditions in residential property deeds (Scotland)

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  • Enforcement of conditions in residential property deeds (Scotland)

    Our property is on a 5/6 year old development covered by the Development Management Scheme (DMS) introduced in Scotland in 2009 - the automtic formation of an Owners Assdociation for the Development forms part. A copy of the content of the DMS and responsibilities of the owners is reflected in the deeds for each property. The deeds also contain covenants covering various restrictions such as parking of certain types of vehicle, use of the property for business, maintaing property in good order etc.

    A Homeowners Association AGM (which I will be convening) is to be held shortly, and one of the questions which has been flagged as a certainty for the meeting is - how enforceable are the conditions set out in the deeds, and with whom does the responsibility for enforcement lie.

    Any insight would be useful, and TIA to anyone who can offer any.
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