{"id":2241,"date":"2024-12-23T09:05:44","date_gmt":"2024-12-23T08:05:44","guid":{"rendered":"https:\/\/sawade.notarwebsite.de\/hausverwalter-gesucht-was-wohnungseigentuemer-zu-beachten-haben\/"},"modified":"2024-12-23T09:05:44","modified_gmt":"2024-12-23T08:05:44","slug":"hausverwalter-gesucht-was-wohnungseigentuemer-zu-beachten-haben","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/hausverwalter-gesucht-was-wohnungseigentuemer-zu-beachten-haben\/","title":{"rendered":"Looking for a property manager? \u2013 What apartment owners need to consider"},"content":{"rendered":"

Appointing a property manager takes the pressure off apartment owners and creates clear responsibilities. But what specific powers does the property manager have? How are they appointed and how are they dismissed? And what role do they play in the sale of a condominium? The Saxony Chamber of Notaries explains the legal requirements.<\/strong><\/p>\n

Key role in the homeowners' association<\/strong><\/p>\n

If you imagine the homeowners\u201e association as a company, the property manager would be a kind of managing director. \u201cHe is the executive body of the owners' meeting,\" says Dr. Tobias von Bressensdorf, managing director of the Saxony Chamber of Notaries. The manager is responsible for drawing up the budget and annual accounts, convening the meeting of apartment owners, ensuring compliance with the house rules, and implementing the decisions of the owners' meeting.<\/p>\n

The administrator not only performs internal tasks, but also represents the community externally. In doing so, he or she generally acts on behalf of all owners as a condominium owners' association and not on behalf of individual persons. His or her power of representation is far-reaching. For example, he or she can conclude contracts with janitorial companies or cleaning staff. However, restrictions apply in particular to real estate purchase agreements or the taking out of loans for the condominium owners' association.<\/p>\n

Right to appoint a (certified) administrator<\/strong><\/p>\n

Every apartment owner has the right to request the appointment of an administrator. Recently, administrators must also demonstrate legal, commercial, and technical knowledge as certified administrators, which is generally verified through an examination at the Chamber of Industry and Commerce, unless they already have the relevant qualifications, such as being a fully qualified lawyer or real estate agent. If an apartment owner is to be appointed as administrator for smaller residential complexes with eight or fewer apartments, certification is not necessary unless at least one-third of the apartment owners request it.<\/p>\n

Appointment and dismissal of administrators and maximum term of office<\/strong><\/p>\n

The administrator is appointed by a majority vote of the owners' meeting. This decision cannot be delegated to other bodies such as the administrative advisory board. The owners' meeting can also dismiss the administrator at any time. A contract is regularly concluded with the administrator, which specifies the tasks and duties in more detail and regulates the remuneration. This contract ends no later than six months after the administrator's dismissal. The term of office is a maximum of five years, or a maximum of three years for the first appointment after the establishment of condominium ownership.<\/p>\n

Administrator's consent to sale \u2013 public certification and procedure<\/strong><\/p>\n

The administrator also plays an important role in the sale of condominium property. Community rules or declarations of division may stipulate that a transfer can only take place with the administrator's consent. This is intended to protect owners from unreliable persons entering the community. \u201eHowever, the administrator may only refuse consent if there is an important reason, for example if the purchaser is financially unreliable or there is a threat of disruption to the peace of the community,\u201c explains Dr. von Bressensdorf. Whether consent is required is usually noted in the land register.<\/p>\n

Consent must be proven to the land registry office by means of a publicly certified document, as must the status of administrator. To prove the status of administrator, the transcript of the appointment decision of the administrator must be submitted. The signatures of the chair of the owners\u201e meeting, one apartment owner, and, if an administrative advisory board has been appointed, its chair or representative must be publicly certified on the transcript. \u201cOnly through the notarial procedure can complete proof of the administrator's appointment and the administrator's consent be provided,\" adds Dr. von Bressensdorf. In order to avoid delays, it is advisable that all parties involved \u2013 regardless of a specific sale \u2013 make an appointment with the notary promptly after the administrator has been appointed and that the minutes be filed with the land registry.<\/p>\n

Notaries as contact persons <\/strong><\/p>\n

Notaries are available to condominium owners as central points of contact, whether for the establishment or sale of condominium ownership or for questions relating to proof of the appointment of property managers.<\/p>\n

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries<\/a>.<\/p>","protected":false},"excerpt":{"rendered":"

Appointing an administrator relieves condominium owners and creates clear responsibilities. But what specific powers does the administrator have? How is he appointed and how is he dismissed? And what role does he play in the sale of a condominium? The Saxony Chamber of Notaries clarifies the legal requirements. Key role in the condominium owners' association If you imagine the condominium owners' association as...<\/p>","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2241","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2241","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2241"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2241\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2241"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2241"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2241"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}