Property Manager

What is a real estate management company?

A property management company has the task of preparing the invoices for owners and tenants. Furthermore, the administration takes over the annoying task of finding tradesmen, requesting offers, commissioning them and monitoring them until completion. Another task is to draw up rental agreements and house rules. One of the most important tasks is communication between the individual parties that have to do with a property, such as service providers in the trades, energy, water suppliers, employment offices, social welfare offices, land registry offices, etc.

Who needs property management?

Management is mandatory if you have at least 3 apartments in a shared apartment and the owner wants to take over the tasks of management.

Who hires a real estate management company?

In special ownership and rental management, the owner of the property commissions the management. In a WEG, the management is appointed by the owners at an owners' meeting.

What are the technical tasks of the administrator?

Monitoring of objects, if necessary through regular inspections
Recording of consumption values ​​(heating, water, electricity)
Planning, awarding, monitoring and billing of maintenance and renovation work, including price inquiries, tenders, contract awarding, invoice control, complaints about defects, compliance with warranty claims
Carrying out traffic safety obligations, including TÜV inspections and fire protection as well as compliance with technical regulations (e.g. for roller shutters, double parking, heating systems, elevator systems, lifting and ventilation systems)
Arranging for damage to be repaired by craftsmen
Reimbursement of damage reports to the insurance company and the polluter
Carry out insurance settlement
Instruction for craftsmen and caretakers
Key order
Hiring experts
Development of usage concepts

What are the commercial tasks of the administrator?

Creation and review of business plans
Billing, including invoice control and document verification
Accounting and auditing of all incoming and outgoing money
Debt collection, liquidation planning, profitability, accountability to owners
Management and scheduling of financial transactions, processing of direct debits
Housekeeping billing including monthly debits and reminders in the event of late payment
Management of current, fixed-term deposits and savings accounts
Arrangement or creation of heating cost bills
Calculating and requesting special surcharges
Regulation of personnel matters for employees of the WEG (janitors, garbage officers, administrative advisors), including salary payments, payroll bookings and payments of income tax, social security contributions, reporting to the tax office, health insurance, social security institutions, etc.
Participate in home sales

What is a business plan and what is it used for?

A business plan is a list of expected income and expenses for the management of the common property of a property. It is, so to speak, the budget plan for the entire homeowners' association.

What are the legal duties of the administrator?

Legal representation of the community of owners
Observe all legal framework conditions and regulations (including general terms and conditions, WEG, BGB, state building regulations, operational safety regulations, heating costs regulations, heating system and fire system regulations)
Negotiating with authorities and obtaining public permits
Conclusion and review of contracts (insurance contracts, maintenance contracts)
Initiate legal action in the event of late payments
Participation in court appointments, appeals against decisions, lawsuits for house payments,
Representation at/with lawyers and in court
Legal services in accordance with Section 5 of the Legal Services Act
Application of current legal changes and case law to the WEG
Negotiation and conclusion of maintenance contracts

What are the organizational tasks of the administrator?

Korrespondenz mit Eigentümern und Mietern vermieteter Eigentumswohnungen
Organisation und Durchführung der Eigentümerversammlung, einschließlich Terminabstimmung, Tagesordnung, Protokoll
Erstellung von Sitzungsprotokollen und Beschlussniederschriften
Führung von Beschlusssammlungen
Aufstellung und Einhaltung der Hausordnung
Erstellung und Verteilung von Rundschreiben und Aushängen
Beschwerdemanagement
Maßnahmenentwicklung zur Fristenwahrung und zur Vermeidung von Rechtsnachteilen
Wahrnehmung von Orts- und Gerichtsterminen

What are the obligations of an administrator?

Implementation of resolutions of the owners' meeting. Establishing house rules and enforcing them. Proper maintenance and repair of the shared property (e.g. planning repairs and modernization measures, commissioning and controlling tradesmen)

What obligations does the administrator of a WEG have?

Leading the decision-making process. Implementation of decisions. Management of the finances of the homeowners' association (see WEG own account). Maintenance and repair of common property.

What are the duties of a condominium manager?

Managing community funds. To enforce the house rules and the decisions of the apartment owners. To ensure the proper maintenance and repair of the property.

Is an administrator liable?

The administrator is liable in accordance with Section 276 Paragraph 1 Sentence 1 BGB for intent and negligence, unless otherwise specified. In principle, the administrator is also liable for breaches of duty that are only slightly negligent. Negligence already occurs when the administrator mishears or promises.

What rights does the administrator have?

Above all, the manager is entitled to a management fee from the owners. This claim usually arises from the management contract to be concluded. If no remuneration regulation has been made, at least the usual remuneration is deemed to have been agreed.

Can a WEG be without an administrator?

If the WEG does not have an external property manager, the owners' meeting can also be convened by the chairman of the administrative advisory board or his deputy (Section 24 Para. 3 WEG). Furthermore, the WEG can also authorize an apartment owner to call the owners' meeting by resolution.

What happens if you don't have an administrator?

If the owners' association does not have an administrator, an apartment owner can convene the owners' meeting in addition to the chairman of the administrative advisory board or his representative. This requires that the apartment owner is authorized to do so by resolution of the other owners, Section 24 Paragraph 3 WEG.

Who can be the representative of an administration?

According to the Condominium Act, a WEG - if it has not appointed an administrator - is jointly represented by the apartment owners (§ 9b WEgesetz) - by all owners, without exception.

Who does the manager represent?

The community of apartment owners is represented by the administrator in and out of court, but when concluding a property purchase or loan agreement only on the basis of a resolution by the apartment owners.

What is meant by special property management?

Special property management refers to the management of apartments in an apartment building that belongs to a community of owners. In contrast, rental management refers to an apartment building owned by a single owner.

What is meant by rental management?

The owners appoint an administrator who takes over the comprehensive management of the shared property. This includes legal, technical and commercial management in the common interest of all apartment owners.

What are the tasks of a rental manager?

The common tasks in rental management usually include the administration and collection of rent payments, ongoing accounting for apartments and entire properties, the preparation of annual statements and business plans, as well as the coordination and appointment of tradesmen for renovations or other tasks.

Is co-ownership the same as partial ownership?

Partial ownership consists of separate ownership of non-residential rooms in a building (e.g. shop, office, garage, etc.) and co-ownership shares in the common property (hallway, property, facade, roof, etc.).