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Property Factors (Scotland) Act 2011

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This is the original version (as it was originally enacted).

18Referral to homeowner housing committee

This section has no associated Explanatory Notes

(1)The president of the homeowner housing panel must decide whether to––

(a)refer an application under section 17(1) to a homeowner housing committee, or

(b)reject the application.

(2)The president may reject an application only if the president considers––

(a)that it is vexatious or frivolous,

(b)that the homeowner has not afforded the property factor a reasonable opportunity to resolve the dispute,

(c)where the homeowner has previously made an identical or substantially similar application in relation to the same property, that a reasonable period of time has not elapsed between the applications, or

(d)that the dispute to which the application relates has been resolved.

(3)The president must make a decision under subsection (1)––

(a)within 14 days of the panel’s receipt of the application concerned, or

(b)where the president considers––

(i)that the decision cannot be made without further information, or

(ii)that there is a reasonable prospect of the dispute being resolved by the parties,

by such later date as the president considers reasonable.

(4)The president must, as soon as practicable after rejecting an application, give notice of the rejection––

(a)to the homeowner, and

(b)where the president is aware of the name and address of a person who acts for the homeowner in relation to the application, to that person.

(5)Such a notice must––

(a)set out the reasons for the rejection, and

(b)explain the procedure for appealing against it.

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