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Property management

May 10, 2010 | 20,00 EUR | answered by Steffan Schwerin

We are co-owners of a residential community with a 15% share. The majority owner (father-in-law) owns 85% and was appointed as the property manager back in 1978. For 25 years, we managed more or less, being a family. However, in recent years, the family relationship has deteriorated, meaning the opposing party does as they please, carrying out renovations and modifications (without the approval of the building department), denying us access to common areas, not providing annual financial statements, and neglecting maintenance work, etc.

Our question:
Can we force the appointment of a court-appointed property manager?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked considering the circumstances described and your efforts as follows:

§ 26 WEG regulates the appointment and dismissal of the administrator.

It is possible to dismiss the administrator through legal means if he does not leave voluntarily.

Please see:

http://www.haus-und-grund-muenchen.de/mainw/wegrecht/Abberufung_Verwalters.html

If it is not possible to agree on an administrator, the court can appoint an emergency administrator.

However, it will be difficult in your case, as the administrator is also a majority owner. You will never achieve a corresponding resolution at the WEG assembly.

Therefore, your only option is to appeal to the local court and file a motion for dismissal. At the same time, a new administrator can be appointed or an emergency administrator can be appointed.

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I hope I have given you a first overview and that my explanations have been helpful. Please feel free to contact me through the follow-up option on this platform.

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Best regards,

Steffan Schwerin
Lawyer

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