According to a recent BGH ruling (AZ: V ZR 241/23), condominium owners have the option of delegating decisions regarding the common property to an administrator. This applies in particular to decisions regarding the implementation of maintenance measures that the owners have already decided on.
In this case, a condominium owners' association had decided to replace old windows. It delegated the decision to award the contract to the management. However, some owners filed an action for annulment. They were of the opinion that delegating the decision-making power to the administrator was inadmissible. They also feared that the financial risk would become incalculable for them.
As long as the economic risk for the owners remains manageable, the possibility of delegation also includes larger measures, the BGH ruled. This enables effective management without the owners being ignored in important decisions. The management of the common property can thus be organized both in accordance with the law and efficiently in the interests of the owners.
© immonewsfeed
