The administrator assigns residents to winter service.
December 12, 2009 | 150,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
- There are 8 parties living in the house
- The property management is conducted by an external property management company
- From the beginning there was an owner decision at a owners' meeting that the winter service should be carried out by hired personnel
- One of the owners living in the house has been doing this for a fee (see previous email regarding the contract)
- This owner has sold his apartment and no longer does the winter service; the property management has been aware of this since September
- Today, all residents received a notification that they are assigned to do the winter service on certain days; from the elderly grandmother (around 70 years old) to the heavily pregnant woman
QUESTIONS:
- Can the property management simply obligate the residents to do the winter service with the excuse of not having found a replacement yet?
- How does the property management have to prove their attempts of not finding anyone?
- Can the property management bypass an owner decision in this way?
- Is the decision of the owners' meeting void just because the property management claims they have not found a replacement?
- Is this a valid reason for the property management to terminate the contract?
- How should the property management normally proceed properly?
- Is this notice binding for the residents of the house?
- What happens in case of damage?
- Is the property management liable for damages?
- I have objected to this decision by email to the property management
- I can send the property management documents as PDFs
- We urgently need solid information on what we should/can do
Thank you.
Gregor Arndt
Dear Mr. Arndt,
Thank you for your inquiry!
I would like to address your questions in consideration of the circumstances you have described as follows:
1.) Can the property management company (HV) simply obligate residents to perform winter maintenance with the explanation that they have not found a replacement - how does the HV need to prove their attempts to find someone?
The obligation to perform winter maintenance (such as shoveling sidewalks, etc.) is either regulated in the community rules or can be decided upon later in a regular condominium owners' meeting.
An obligation of the residents through an effective decision of the condominium owners' meeting (by majority decision) is therefore valid.
2.) Can the HV bypass an owner's decision in this manner?
The HV can set certain rules within a certain framework. However, the HV cannot oppose an effective majority decision of the condominium owners' meeting (or has no decision-making authority).
3.) Is the decision of the condominium owners' meeting null and void just because the HV claims to not have found a replacement?
This cannot be said in a blanket manner. It depends on whether the condominium owners' meeting was quorate at the time of the decision.
If a valid decision has been made, it is binding for the condominium owners' meeting and must generally be followed.
4.) Is this an extraordinary reason for termination of the HV? - how should the HV proceed properly? - is this notice / communication binding for the residents? - what happens in case of damage?
An extraordinary termination is not an option.
If the condominium owners' meeting has been validly convened and the obligation to perform winter maintenance has been effectively transferred to the condominium owners, this decision is generally binding.
The condominium owners are therefore generally obliged to shovel sidewalks, etc. due to the majority decision.
5.) Is the HV liable for damages? - I have objected to this decision in an email to the HV - I can send the HV's letters as PDFs - we urgently need solid information on what we should / can do
The HV is not a legal entity and therefore generally not liable.
Under certain circumstances, only the condominium owners' association would be liable. However, I cannot see any indications of liability in your situation.
Feel free to send me further information to my email address provided below.
I would like to point out the following:
The legal advice I have given is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive evaluation of the circumstances.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. You are welcome to contact me through the follow-up option on this platform or via my email address.
I wish you a pleasant Saturday morning and a relaxing weekend!
Best regards,
Dipl.-Jur. Danjel-Philippe Newerla, Lawyer
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
