Ask a lawyer on the topic of Other questions to lawyers

online banking

September 29, 2011 | 25,00 EUR | answered by Jan Wilking

In my capacity as a condominium owner, I intend to request from my property management company that all accounts of the homeowners association be unlocked in my favor. With this unlocking, I want to be able to have access (no control!!!) to the accounts of the homeowners association at any time.

Question: Is the property management company authorized or obligated to comply with my request, or does the property management company require approval from the board of directors or a corresponding resolution for this?

Jan Wilking

Dear inquirer,

I am happy to answer your inquiry considering the description of the facts and your contribution as follows:

In order to be able to control the accounting according to § 28 Abs.3 WEG, each co-owner is entitled to inspect the relevant documents for the respective period before the resolution on the annual accounts (OLG Cologne NZM 2007, 366) (OLG Munich ZMR 2007, 720; NZM 2006, 512). The administrator fulfills this obligation by presenting these documents in his premises, but there is generally no right to demand the original documents ((BayObLG NZM 2004, 509).

A constant control through continuous insight into the account movements is therefore not included. The verification of proper management during the current financial year is regulated by the right to accounting in § 28 Abs.4 WEG. However, a majority decision or a request from all co-owners is a prerequisite (BayObLG NZM 2004, 621). Therefore, the property management is neither authorized nor obliged to comply with your request.

I am sorry that I cannot provide you with a more positive answer, but I hope to have provided you with some helpful guidance. If you have any uncertainties, please use the free follow-up function.

Please note that I cannot give a final recommendation without knowing all the circumstances in the context of an initial consultation. If you wish for a conclusive assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while examining all documents.

Best regards