Removal of a Property Manager

Reasons for the Removal of a Property Manager

The decision to remove a property manager often stems from dissatisfaction with their performance or behavior. Possible reasons may include:

• Lack of transparency or communication

• Failure to fulfill contractual obligations

• Violations of the Condominium Act (WEG) or other legal frameworks

• Financial misconduct or mismanagement

• Loss of trust from the community of property owners

Legal Basis

The legal basis for the removal of a property manager can be found in the Condominium Act (WEG). According to § 26 WEG, the property manager can be removed by resolution of the owners' meeting at any time. This applies to both appointed and those specified by the declaration of division, provided that important reasons exist.

The Process of Removal

• Resolution: The removal of a property manager requires a resolution of the owners' meeting. A corresponding agenda item must be announced for the meeting to be convened.

• Majority Requirement: Removal typically requires a simple majority of the votes cast. It is advisable to check the specific majority requirements in the declaration of division or community regulations.

• Documentation: The resolution and the reasons for removal should be carefully documented to serve as evidence in any potential legal disputes.

Best Practices for Community of Property Owners

• Clear Communication: Before considering removal, the reasons for dissatisfaction should be clearly communicated, and the property manager should be given the opportunity to respond or address the deficiencies.

• Legal Advice: Seeking legal advice can help ensure the process is conducted correctly and avoid legal pitfalls.

• Careful Selection of Successor: After the removal of the property manager, careful selection of a new manager is crucial to ensure high-quality management of the property owners' community.

Conclusion

The removal of a property manager is a significant step that requires careful consideration and planning. It is important for property owners' communities to act transparently and accountably to make the best decisions in the interest of the community. Hochheiden Property Management is here to support you in all phases of property management and ensure a trustworthy collaboration.

Do you have any questions about removing a property manager or need professional assistance with managing your property owners' community? Contact us – we are here to support you with our expertise and experience.