What can the Advisory Board decide?
The advisory board should examine the business plan, the accounting for the business plan and the accounting of the administration before a corresponding resolution is made in the owners’ meeting. The Advisory Board is not allowed to make its own decisions in this context either.
What is the task of an administrative advisory board?
The duties of the Advisory Board are governed by Article 29 Paragraph 2 WEG. This initially includes the support and supervision of the manager. In particular, the business plan and annual accounts should be checked by the advisory board and provided with an opinion before the homeowners’ association decides on them.
What is the Administrative Advisory Board not allowed to do?
12 Points: Set up the house rules and/or monitor compliance with them. Authorize craftsmen or other service providers. Not following the house rules yourself. Insist on disproportionate remuneration for his voluntary work.
Can an advisory board resign?
The administrative advisory board can in principle resign at any time. However, there are two exceptions to the possibility of withdrawing at any time.
Is an advisory board mandatory?
The Administrative Advisory Board, on the other hand, is not an organ within the meaning of Section 31 of the German Civil Code. It is also not mandatory by law, but the apartment owners can decide to appoint an administrative advisory board by majority vote (§ 29 Para. 1 WEG).
How many advisors gone?
According to the legal proposal, the Advisory Board consists of three members. According to the case law of the BGH, a different number of advisory board members contradicts proper administration, unless the declaration of division or community regulations provide otherwise.
Can a non-owner also be elected to the advisory board?
1 WEG, only members of the respective homeowners’ association may be elected to the administrative advisory board. If non-owners are nevertheless elected, this is only contestable and not void, so that non-owners can also be members of the administrative advisory board if their election remains unchallenged.
What is the Advisory Board?
The tasks of an advisory board include advice, management, coaching and sparring of managing directors and shareholders. If necessary, an advisory board can even exercise controlling functions. In many cases, the advisory board acts as a mediator between shareholders and management.
What does an advisory board earn?
Employees working in an Advisory Council job earn an average salary of around €51,000. The upper limit in the advisory board position is €60,700.
What does discharge of the advisory board mean?
Discharge means the approval and agreement with the previous management and the waiver of the apartment owners’ association towards the members of the advisory board for compensation or damage claims arising from this.
Who can become an advisory board member?
Every apartment owner from the relevant WEG can be elected to the advisory board. No special qualification is required for the position. Ideally, the advisory board consists of a businessman, a technician and another apartment owner.
How often is an advisory board elected?
Term of office of the Administrative Advisory Board The law does not contain any requirements for the duration of the term of office of the Advisory Board, so that Advisory Board members are generally elected for an indefinite period.
What is a relief?
Discharge is the approval of the past activity of a body or body member by a competent control or monitoring body.
What to do if property management does not implement decisions?
If it turns out that there are no valid reasons against the implementation of the resolution, the individual apartment owner can request the administrator to implement the resolution by means of a registered post or handover, setting a deadline.
Are resolutions in the owners’ meeting binding?
Once a year, the owners meet at the owners’ meeting to discuss the annual accounts and the new business plan. Decisions are made that are binding for all owners of the WEG, for example on maintenance projects or modernization.
Can an owner resolution be rescinded by a new resolution?
Therefore, a second, new resolution can both confirm the first resolution, but also cancel it or supersede it. However, such a repeat decision must not place any owner at an unreasonable disadvantage compared to the initially decided regulation.
How long are resolutions valid one way?
It is only valid if all owners (ownership shares) sign the resolution unchanged. The decision is made when the last approval has been received by the administrator. According to §46 WEG, the decision can then only be contested within 4 weeks. According to §24 para.
Can a decision be overturned?
A final decision can then only be changed or revoked by a new decision by the apartment owners’ association. This resolution can be passed at a new general meeting. In this respect, the same principles apply as for the usual passing of resolutions.
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