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Is the administrator still allowed to hold a homeowners' meeting?

April 20, 2016 | 40,00 EUR | answered by Jan Wilking

Property Ownership Law: "Change of Administrator"

Good day,
Our homeowners' association (WEG) wants to change the current administrator, who is resisting with all means.
1) There is a notarized and temporary appointment that expired on December 31, 2015.

2) An administrator contract without an extension clause and without any mention of the declaration of division, which expired on December 31, 2011, already for 3 years.

3) A division declaration from April 1969, which includes an automatic extension clause of the appointment. (Attached!!)

The administrator has invited to a homeowners' meeting on Saturday, April 23, with agenda item of administrator appointment for 2016 and 2017 and new election of the administrative board, even though we already have a board.

Now to my question: Can the administrator still hold a meeting, is he still our administrator?

No termination has been issued, as we assumed that temporary contracts do not require termination.

Best regards

Jan Wilking

Thank you for your inquiry.

The regulations in the declaration of division, including the extension clause, only concern the company that was appointed as the first administrator at that time. The extension clause would also be irrelevant here according to § 26 WEG, because based on your description, I assume that the last administrator was in office for more than 5 years. According to prevailing legal opinion, automatic extension is excluded due to § 26 paragraph 1 sentence 2 (maximum limit of 5 years) and a new appointment is mandatory.

The office of the administrator automatically ends when the appointment period expires and the administrator is not re-appointed. Since the previous administrator was not re-appointed for 2016, the administrator appointment has expired and the administrator is no longer responsible for calling the owners' meeting, etc.

Best regards