How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM, Solicitor
Category: Property Law
Satisfied Customers: 13337
Experience:  30 years experience in property law.
Type Your Property Law Question Here...
JGM is online now

Does a stair committee need a quorate to make it legal when

Customer Question

Does a stair committee need a quorate to make it legal when making decisions. Ours picks and chooses bits from the Tenement Management Scheme to suit their purpose even if the decision is wrong.
Assistant: Where are they? It matters because laws vary by location.
Customer: Edinburgh
Assistant: What steps have they taken so far?
Customer: They voted on a roof repair that will not address the works needing done and includes work that doesn't need done.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: How do I go about lodging an appeal at the Sheriff Court?
Submitted: 6 months ago.
Category: Property Law
Expert:  JGM replied 6 months ago.

I am a solicitor in Scotland. Under TMS there has to be a majority of owners in favour not just a majority of those voting. You have to lodge any appeal with the sheriff using summary application procedure which is a bit more than filling in a form. An initial writ has to be drafted with a crave and statements of fact and legal pleas. It is then lodged with the court. You would usually instruct a solicitor for this.

Customer: replied 6 months ago.
What about needing a quorate to ensure that 1 person cannot have complete control and decisions made are in the best interests of all flat owners.
Expert:  JGM replied 6 months ago.
That is why you need a majority of the owners who are entitled to vote rather than the owners to actually vote.