At an owners' meeting of a condominium owners' association (WEG), the appointment of a new administrator was on the agenda. In the previously sent invitation to the owners' meeting, the company T. GmbH was announced as the only possible new administrator. Further comparative offers from other interested parties were not mentioned in the invitation.
During the owners' meeting, the management advisory board announced the existence of two further offers from interested parties and voted in favor of the company T. GmbH as the new manager. According to the minutes, the monthly management costs per apartment for T. GmbH would be 19.64 euros, while the offers from the other two interested parties would be 23.20 euros and 25.00 euros per apartment per month. By majority resolution, the company T. GmbH was elected as the new administrator.
Several owners filed an action for annulment of this appointment resolution before the Nuremberg Local Court (AZ V ZR 110/19) and complained of improper administration. This is because the candidates for the election of a new administrator should have been announced in the invitation to the owners' meeting. Both the names of the candidates and the key data of their offers, such as the contract term and the remuneration, should also have been part of the invitation and the agenda. This was not the case here. The owners' action was not successful until the appeal was allowed by the Regional Court. Both the election of the new administrator and the administrator contract concluded are therefore invalid.
Source: BGH
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