In this Code various words or phrases are used which are explained in more detail below: -
Accounts means any financial documents produced by the manager concerning the cost of services provided for owners by the managing company.
Alarm System means the method of emergency contact between an owner's dwelling and the warden or other call out service providing assistance in an emergency, sometimes on a 24-hour basis. Details will vary between developments.
Charges means the amount of money levied by the manager on owners to meet the cost of running the development, (including repairs, maintenance, insurance, any services provided to meet the personal needs of owners, any management fees). The actual amount payable may vary between individual owners.
Consultation means the process by which the manager seeks the views of owners on accounts, charges, and services provided. The Code indicates the circumstances in which the manager would be bound to follow the owners' views.
Contract means any agreement enforceable by law.
Contractor means a person or company engaged by the manager to undertake repairs, maintenance or any other specific function to maintain the fabric of the development, or provide personal services to owners.
Deed of Conditions means a deed imposing conditions upon the first purchaser of a dwelling and all future owners, which constitute "real burdens" in law. These conditions may confer rights on the manager to take decisions on such matters as the services to be provided to owners in relation to the fabric of the dwelling, and the charges to be made for those services.
The conditions of title of the dwelling and the common areas of the development will usually be contained within one deed but all references in the Code to a Deed of Conditions includes references to conditions of title generally.
Developer means the company that has constructed the sheltered dwelling.
Development means a number of dwellings managed as a group, sometimes with a warden's flat, public rooms, grounds and other common parts associated with them. Developments may also have office accommodation, guestrooms and other facilities.
Dwelling is a self-contained house or flat, as distinct from any communal facilities attached to a group of dwellings.
Emergency repairs mean the undertaking of work by a contractor within an owner's dwelling or within communal areas within a development. This work is to prevent immediate damage to the fabric of the building, remove the potential for immediate damage, danger, or to allow for reinstatement of interrupted services, for example lifts, gas and electricity supplies.
First Purchaser means the first person to purchase the dwelling whether or not from the Developer.
Housing Association means a society, body of trustees or company, as defined by the Housing Association Act 1985, which does not trade for profit, and whose purpose or objective is to provide, construct or manage housing accommodation. The majority of housing associations are registered with Scottish Homes, and many have charitable status.
Manager means the company, housing association or individual responsible to the owners for the running, upkeep, maintenance and repair of a development, usually including the provision of warden services.
Management Fee means the amount of money the manager will include in charges to owners to cover costs in organising the direct services, as distinct from the actual costs of the direct services that are also charged.
Meeting means the two annual compulsory meetings where the manager meets with owners to discuss annual accounts, proposals for the forthcoming year including budgets, or any other matters of communal interest. Further meetings may be arranged to discuss these or other issues by mutual agreement.
Owner means any person or organisation with a recorded or registered title to a dwelling in the development or who has the title held on their behalf by an agent, lender or representative. The owner need not be the resident in the dwelling (for example, a son or daughter may own the dwelling and their elderly parent can reside there). Except where there is a clear obligation to the actual owner, references in this document to the owner should also refer to the resident of the dwelling without a legal title to it.
Owners Association means a group of owners who represent the views of owners with a written constitution or corporate status. The association may be recognised by the manager for the purpose of ascertaining owners' views.
Owners’ Information Pack means a document given to each new purchaser of a property within a development that sets out the name and address of the builder and developer selling the property; details of any business relationship between the builder and the developer, and the manager; a copy of the Code of Management Practice; and information on the manager. The Pack also includes details of the services to be provided and arrangements for charging for them, and for consulting owners.
Retirement housing means a form of housing purpose built or converted for residence by older people, which is normally grouped with other houses.
Services include all services provided by the manager to owners, including but not confined to, maintenance, repairs, insurance, upkeep, and services to meet the personal needs of owners.
Service Charge means an amount payable by an owner to the manager in respect of services (including a management fee). The amount may vary according to the costs incurred or to be incurred and is normally a fixed proportion of the total estimated costs of running the development.
Sheltered housing is housing purpose built or converted for residence by older people, and supplied with an alarm system and a warden service, which is normally grouped with other dwellings.
Sinking Fund means a fund created to build up sums of money over time which can be used to pay for large items of expenditure in the development, for example major repairs. Such a fund may be raised by contributions from service charges, or by the operation of a formula under the Deed of Conditions, which provides for a fixed deduction from the price to be paid upon the sale of a dwelling.
Warden means the person or persons employed by the manager to undertake the day to day supervision of a sheltered development. Their duties will vary between developments, but can include upkeep, maintenance and administration of a development, as well as services related to the personal needs of owners. The warden will also provide a response in the event of an emergency. The warden will sometimes be called a "house manager" or "secretary". (This person is usually the first point of contact between owners and the manager, and may liaise on their behalf with social work and health services).