What is the Administrative Board?Link to this section
In condominium associations, the administrative advisory board plays an important role as a link between the owners and the management. The advisory board, elected by the owners, is tasked with overseeing and supporting the work of the management, but does not have decision-making authority of its own. In principle, the administrative advisory board may only make suggestions. The final decision is made jointly by the owners.
How is the administrative board appointed?Link to this section
The appointment and organization of the administrative advisory board is governed by Section 29, Paragraph 2 of the German Condominium Act (WEG). Accordingly, the appointment of an administrative advisory board is not mandatory in a condominium association. Whether it is beneficial for the owners' association depends on the specific tasks within the condominium association. However, if an advisory board is appointed, it generally consists of three members. A different composition is permissible.
If the administrative advisory board consists of more than one member, a chair and a deputy chair must be elected. The number of advisory board members is not legally stipulated, but should always be based on the size of the residential complex and the scope of the administrative tasks. When appointing the advisory board members, the condominium association can also determine who will serve as chair and deputy chair. The administrative advisory board is determined by majority vote. If the condominium association does not reach a corresponding agreement, this decision rests with the advisory board itself.
How often is the Administrative Board elected?
How often a new advisory board is elected is not specified in the Condominium Act. This is decided by the condominium owners themselves. Generally, the members of the administrative advisory board are elected once a year, but other arrangements are also possible.
Membership on the Administrative Board is not permanent. It can be terminated for various reasons:
End of membership upon sale:If a homeowner leaves the homeowners association by selling the apartment, he or she simultaneously loses his or her position on the administrative board.Dismissal by resolution:The owners' meeting can remove an existing advisory board member if the WEG is dissatisfied with his or her performance.Tacit dismissal:A dismissal can also occur indirectly if the property owners elect a new advisory board.Right of withdrawal:Each Advisory Board member has the right to voluntarily resign from office at any time.
Who can join the administrative board?Link to this section
In principle, any owner can become a member of the administrative advisory board (Section 29 (1) Sentence 1 of the Condominium Act) and assume the duties and responsibilities. Exceptions may be stipulated in the community regulations, for example, for non-owners. The administrator is excluded because they are responsible for overseeing the administrative activities. Further reasons for exclusion may be personal to the candidate, such as serious conflicts or conflicts of interest.
What tasks does the Administrative Board perform?Link to this section
The condominium association advisory board assumes a supervisory, advisory, and mediating role with the property manager and the condominium association. The administrative advisory board monitors the activities of the property management company, audits the accounts, and ensures that all administrative tasks are carried out properly.
The advisory board also supports the management in preparing and conducting the owners' meeting and advises on important decisions, such as planning maintenance measures. Furthermore, the advisory board can, if necessary, make suggestions to the manager for improving the management's activities. This requires a corresponding resolution from the owners' meeting, which the advisory board must approve.
Another important task is to review the budget and annual financial statements (pursuant to Section 29 (2) of the Condominium Act) and provide an oral or written statement. It is important to note, however, that the advisory board has no authority to issue instructions to the administrator.
All in all, the Advisory Board also has a unifying role: It acts as a link between the condominium owners and the property management company and represents the interests of the condominium association. Through its oversight function, the Administrative Advisory Board contributes to the transparency and efficiency of the administration. In summary, the following tasks are particularly important:
Control:The administrative board closely monitors whether the WEG administrator is carrying out his/her work correctly.Advice:When it comes to important decisions, such as which company should carry out a repair, the administrative board gives its opinion.Mediation:The administrative board is, so to speak, the "mediator" between the condominium association and the administrator.
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Further tasks of the Administrative Board
The Administrative Board may also assume additional responsibilities beyond its general support and monitoring tasks.
Important:These additional tasks must not affect the established responsibilities of the administrator and the entire condominium association.
Possible additional tasks:
Structural measures:Monitoring and acceptance of construction or repair work on common property.House rules:Creation and adaptation of the house rules.Management contract:Preparation, conclusion and, if necessary, termination of the contract with the property manager.Warranty:Enforcement of warranty claims for common property.
What tasks does the Administrative Board not perform?Link to this section
In principle, the administrative board of a condominium association must always respect the limits of the responsibilities of the administrators and owners when taking on additional tasks.
So theThe Advisory Board may not make any decisions that fall within the authority of the administrator or the owners' association. This includes, in particular:
Personnel decisions:The Administrative Board may neither hire nor dismiss the administrator.Financial decisions:The approval of invoices, the awarding of contracts or the conclusion of contracts are the tasks of the administration or the owners' association.Representation of the WEG:The advisory board may not represent the WEG externally.Restriction of rights:The administrative board may not restrict the rights of individual owners, such as the right to speak at the owners’ meeting.Personal benefit:The Advisory Board may not derive any personal benefits from its activities.
What are the obligationsthe administrative board?Link to this section
As a body of the condominium association, the administrative board must also fulfill certain duties. In addition to the general duty to exercise its office diligently, this includes, in particular, the duty to provide information and accountability to the condominium owners.
In addition, the advisory board is obligated to release all documents generated in connection with its activities. In certain cases, for example, if there is no administrator, the advisory board must convene an owners' meeting.
The Administrative Board is liable to the WEG
Members of a condominium association's administrative advisory board can be held personally liable if they negligently or intentionally violate their duties, causing damage to the condominium association. However, the Condominium Association Act limits the liability of voluntary advisory boards: they are generally only liable in cases of gross negligence or willful misconduct.
What rights doesthe administrative board?Link to this section
In addition to its duties and responsibilities, the advisory board also has certain rights. For example, members of the administrative advisory board may request information and documents from the property management company that are relevant to their duties.
Administrative advisory boards may also instruct the administrator to examine or prepare certain matters. However, the advisory board has no authority to issue instructions, and its rights are always tied to those of the other co-owners.
Misunderstandings regarding the tasks and duties of the Administrative BoardLink to this section
A common misconception is that the administrative advisory board has the authority to issue instructions to the property manager. However, this is not the case. The advisory board's sole task is to support and monitor the property management. However, the property manager remains responsible for the management activities and the implementation of the decisions of the owners' meeting.
What should be done if the administrative board does not fulfill its duties?Link to this section
If the administrative board fails to fulfill its duties properly or exceeds its authority, you as a property owner have various options to take action.
Possible approaches:
Address of the WEG administration:First, the administration should be asked to speak with the administrative advisory board and clarify the situation.Legal review:Owners should inform themselves about their rights and obligations, especially about the Condominium Act.Joint action:Several owners should seek dialogue with the advisory board and push for a change in behavior.Written request to the administrator:If discussions are unsuccessful, a written request can be made to the administrator to make the matter official.Legal advice:If problems persist, it is advisable to consult a lawyer.Removal of the Advisory Board:As a last resort, the removal of the entire advisory board can be requested at the owners' meeting. This request must be justified and submitted in a timely manner.Legal steps:If the motion to recall is rejected, legal action can be taken against this decision.Extraordinary Owners’ Meeting:If the administrator refuses to hold an extraordinary owners’ meeting, this can also be enforced in court.
Important information for you as an owner:
Reason:Every application must be objectively justified.Deadline:Motions must be submitted in a timely manner so that they can be included in the agenda.Joint action:A joint approach by all owners strengthens your position and increases the chances of success.
Conclusion: If the administrative board's duties are not fulfilled, the owners have various options to remedy the situation. Early intervention and clear communication are crucial.
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