With regard to section 50, paragraphs 5 (a) and (b) of the Title Conditions (Scotland) Bill, what impact the threshold of ownership of at l…

The effect of section 27 of the Title Conditions (Scotland) Bill will be that a simple majority will be able to appoint a manager for the complex if the title deeds do not provide for an alternative decision-making process. Section 32 will allow the owners of a simple majority of the units to vary or discharge burdens affecting a housing complex. Section 50 of the bill provides for a special majority in relation to "core burdens" in a sheltered or retirement housing scheme. These are burdens which regulate facilities or services that make a development particularly suitable for occupation by the elderly or infirm. Attempts to use section 32 to vary these core burdens will require the consent of the owners of 75% of the units. Discharge will not be possible. A simple majority will still be able to appoint a manager in a sheltered complex using section 27, but a 75% majority will be required to confer certain powers on the manager. These special majorities have been introduced as a result of the Executive's consultation exercise for the bill.The provisions of the bill allow the person(s) who hold the majority share in an individual unit to exercise the vote for that unit in respect of decisions under sections 27 and 32. As a result, if an occupier owned 80% of the property and the developer 20%, the occupier would control that property's vote in decisions made under sections 27 and 32.