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Property Factors (Scotland) Act 2011

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This is the original version (as it was originally enacted).

19Determination by homeowner housing committee

This section has no associated Explanatory Notes

(1)The homeowner housing committee to which a homeowner’s application under section 17(1) is referred must decide—

(a)whether the property factor has failed to carry out the property factor’s duties or, as the case may be, to comply with the section 14 duty, and

(b)if so, whether to make a property factor enforcement order.

(2)In any case where the committee proposes to make a property factor enforcement order, they must before doing so––

(a)give notice of the proposal to the property factor, and

(b)allow the parties an opportunity to make representations to them.

(3)If the committee are satisfied, after taking account of any representations made under subsection (2)(b), that the property factor has failed to carry out the property factor’s duties or, as the case may be, to comply with the section 14 duty, the committee must make a property factor enforcement order.

(4)Subject to section 22, no matter adjudicated on by the homeowner housing committee may be adjudicated on by another court or tribunal.

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