#20248
scotlandx
Flatchatter

    It sounds like you want to do it so each owner pays for their window replacement as and when it happens, on the basis that it is the same number of windows and those windows are the same size and will all cost the same per lot.

    Yes I think you can, and I don’t believe you need a by-law.  A scheme where a friend of mine lives did a similar thing when they had to replace their ceilings.

    What you need to do is get all the owners to agree to pay the cost of the relevant window replacement for their lot, but on the basis that the windows remain common property (which is what I would assume you want).  

    You would do that by entering into an agreement signed by all the owners, expressed as binding the owners and any successors in title.  In essence what you are doing is agreeing to a variation of the usual section 62 obligation, on a one-off basis.  I think that the agreement would have to be executed as a deed.  You would be best to get a lawyer to draft it, because this is not legal advice.