Advisory board

The WEG management advisory board acts as a link between co-owners and management and supports the property management in the proper execution of their tasks. He has no decision-making powers, but can make recommendations.

The tasks of the advisory board are regulated by Section 29 Paragraph 2 WEG. This initially includes supporting and monitoring the administrator. In particular, the business plan and annual accounts should be checked by the advisory board and provided with a statement before the homeowners' association decides on them.

The administrative advisory board is entitled to monitor all tasks and activities of the administration and to request information. The advisory board is also allowed to inspect important documents – for example, to check receipts.

Terminate contracts on behalf of WEG. Not following the house rules yourself. Insist on disproportionate remuneration for his voluntary work. Cancel resolutions on your own authority and/or discharge the administrator or not discharge the administrator on behalf of the WEG.

Since the reform of the WEG Act in 2020, the administrative advisory board has been liable to a reduced extent compared to the previous legal situation, namely only for intent and gross negligence. However, this only applies if the advisory board acts free of charge (see Section 29 Paragraph).

Composition of the administrative advisory board. The homeowners' association can elect an administrative advisory board, which, according to the new legal situation, can consist of any number of members (Section 29 Para. 1 WEgesetz) - so there no longer have to be three advisory board members.

In most cases, the work as an administrative advisory board member is carried out on a voluntary basis and without separate remuneration. However, according to contract law, the advisory board members can demand reimbursement of their expenses from the owners' association (such as telephone, postage, copying and travel costs).

Membership in the Advisory Board represents voluntary work in accordance with Section 3 Paragraph 1 Sentence 2 of the Articles of Association.

When applying for the inclusion of the TOP to deselect the administrative advisory board, the following must be taken into account: If the advisory board has been appointed for an unlimited period, deselection or dismissal is possible at any time (ordinary dismissal).

Checklist: Audit by the Advisory Board – These are the relevant points

Examination of the available documents. ...
Checking accounts and receipts. ...
Checking tradesmen's invoices. ...
Checking the heating bill. ...
Examination of the maintenance reserve. ...
Special feature for household-related services.

An advisory board should be set up here
He is essentially the link between the manager and the owner. Many owners turn to the advisory board members to submit suggestions, questions and criticism or to point out damage and dangers to the property.

A traditional application is out of the question for an advisory board or supervisory board. As a rule, an approach is made by the shareholders of the company in question, the chairman of the advisory board or supervisory board or an external consultant involved in the search.

A traditional application is out of the question for an advisory board or supervisory board. As a rule, an approach is made by the shareholders of the company in question, the chairman of the advisory board or supervisory board or an external consultant involved in the search.

In principle, the chairperson invites people to a meeting of the residents' advisory board. This is in view of the fact that the advisory board is an autonomous body that is independent of the facility management. If the facility management should be present at an advisory board meeting, they can of course be invited.

There is no legal regulation regarding the length of the term of office, which is why the members of the WEG Advisory Board are generally elected for an indefinite period of time. But here too there is the possibility of an alternative, priority regulation within the community regulations or declaration of division.1

The WEG advisory board is also there to mediate between the owners and the manager and offers suggestions for action, but does not give instructions or orders. Because: The WEG advisory board has no authority to issue instructions to the manager and the owners.

The deadline for invitations to the owners' meeting is two weeks. Deviations from this may only be made in cases of particular urgency.

Accordingly, apartment owners can (but do not have to) be appointed members of the administrative advisory board by resolution; However, there is no legal obligation to elect an advisory board.

For larger orders, the manager must obtain several offers. As a rule, at least three different offers if the order amounts to more than 3,000 euros (LG Frankfurt, decision of April 19, 2017, 2-13 S 2/17). Depending on the case, according to the district courts, two applications may be sufficient.