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Reordering of an administrator

May 9, 2013 | 35,00 EUR | answered by Steffan Schwerin

We are a condominium association with 6 units. In the declaration of division it is stated:

Decisions of the owners' meeting are made by a majority of the present or represented voting co-ownership shares, unless a different majority is legally required.

The following voting result was achieved for the appointment of a new administrator:

Decision: Yes = 3 owners with 561/1000 co-ownership shares
No = 3 owners with 439/1000 co-ownership shares

Is this result contestable or is everything in order?

Thank you and kind regards

Steffan Schwerin

Dear questioner,

I am happy to answer your question as follows:

The most common way to appoint an administrator is by a simple majority decision of the condominium owners according to § 26 (1) WEG.

If the vote distribution is such that there is a simple majority, then the decision-making process is valid.

The provision in the declaration of division does not oppose this, as the majority quality itself is not affected.

I am unable to assess whether there are other mistakes.

Best regards,

Steffan Schwerin
Attorney