Who qualifies as a property manager
Checklist: The property manager should have these qualifications
Almost every homeowners association has an administrator. It depends on its quality as well as the scope of its assignment how smoothly and securely managing the common property. When concluding the management contract, a few things should be taken into account:
The management of common property is not required by law; the owners themselves are entitled to it (Section 21 (1) WEG). As soon as only one owner so wishes, an administration is to be commissioned (§ 21 Abs. 4 WEG), which is elected with a majority of votes (§ 26 Abs. 1 S. 1 WEG).
The property manager (more precisely: the apartment owner manager) is an organ of the community that supports the apartment owners in the management. Its tasks and powers are laid down in the law. Even if it is not compulsory by law, it is still advisable to appoint a manager, since the proper management of the communal property is hardly possible without a professional property manager.
Requirements for the administrator
In principle, any natural person or legal person (e.g. a GmbH) can be appointed as administrator. Administrator can also be an owner; It is only necessary that the administrator is only one legally competent (legal) person, several cannot jointly exercise the administrator's office.
The WEG itself does not impose any qualitative conditions on the administrator. This is actually incomprehensible, as the activity of the property manager places high demands on economic and legal expertise. In addition, the manager must have commercial, often also structural knowledge. However, the administrator may not be a member of the management board at the same time.
A civil law company cannot be a property manager. Such a society is an association of several people to promote a common purpose. This is justified by the fact that the BGB society is not a legal person and, in view of the fact that the composition of a BGB society does not always remain the same, the special personal responsibility of the property manager is not guaranteed (see BGH, decision of January 26, 2006, V ZB 132 / 05).
The property manager should have these qualifications
The WEG does not contain any regulations as to which qualifications a person must meet in order to exercise the extremely difficult and very responsible office. Qualifications are also not required under professional law. Since everyone can work as an administrator, but of course not everyone is able to do so, he must be selected particularly carefully by the community.
Because it depends on the person of the manager whether the administration runs smoothly, whether the value of the common property is maintained or increased. In practice, it is often a task that is both important and difficult to find a suitable property manager for the property. In order to recognize whether the applicant is a serious applicant, the qualification can be determined using the following checklist:
Checklist / qualification of property manager
- Vocational training, lawyer or commercial training
- Proof of qualification for apartment and property management according to the IHK
- work experience
- Reference objects
- Legal form of a company
- A professional liability insurance of an appropriate amount (usually not less than € 100,000 coverage) is available
- Member of one of the large professional associations, such as the Association of Property Managers (VdH, Federal Association of Housing Managers, BfW)
- proven advanced training
5 mistakes for which the property manager is liable The property manager must accept liability if he does not fulfill his duties. In some cases this can be costly. > read more
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