Obligation to provide information for property managers
August 30, 2009 | 20,00 EUR | answered by Michael Vogt
- On May 13th, during the annual owners' meeting, I asked if I could receive a copy of the contract between the property management and the caretaker (who is also an owner and performs the usual tasks such as maintenance, lawn mowing, garbage disposal, etc.), as we as owners pay around 720,-€ for this service.
- This copy was verbally promised to me.
- To date, I have not received the copy.
- Due to a noticeable decline in the quality of the caretaker's work, I would like to be able to see the scope of obligations outlined in the document.
- IS THE MANAGEMENT OBLIGATED TO PROVIDE ME WITH THIS DOCUMENT UPON REQUEST?
- HOW ELSE COULD I DETERMINE IF THE LEVEL OF SERVICE IS JUSTIFIED BY THE FEES CHARGED?
Dear seeker of advice,
I would like to answer your question based on the situation you described and taking into account your input as follows:
The legal basis for your claim against the administration is § 27 WEG in conjunction with § 666 BGB.
According to this provision, the agent is obliged to provide the necessary information to the principal, to give information on the status of the business upon request, and to be accountable after the execution of the order.
This obligation to provide information includes at least allowing you access to the contract with the caretaker.
Therefore, you should once again request the administration in writing, setting a deadline, to allow you access to the contract with the caretaker.
I hope that my answer has given you an initial overview of the legal situation.
Please note that this answer, based on the information provided by you, is only an initial legal assessment of the situation. It cannot replace a comprehensive evaluation. By adding or omitting relevant information, the legal assessment may vary significantly.
Feel free to contact me through the follow-up option on this platform or via my email address.
For legal representation beyond this initial consultation, my law firm is also at your service.
I wish you a pleasant evening and remain
Yours sincerely
