Does the Apartment Manager Pay Fees?


Apartment managers can charge a reasonable fee for floor mailers, since they perform their managerial duties. If the board of floor owners has not made any decision on whether to participate in the remuneration or management expenses of the elected manager in this regard, the current manager does not participate in half of the management expenses incurred by him, that is, he does not pay.

Relevant Article of the Law

Article 40 of the Law on Condominium — The administrator has the rights of a surrogate as a basis. If the owners of the floors do not fulfill their debts and obligations on time and in full, despite the notarized notice issued by the manager, the manager may, without being obliged to pay any compensation, terminate his own contract and withdraw from the management and demand compensation from the owners of the floor for the damage he has suffered. The manager may demand an appropriate fee from the owners of the floor, even if a fee is not specified in the management plan or in the contract concluded with him.

(Modified: 13/4/1983 - 2814/13 d.) The board of floor owners decides whether or not the appointed manager from among the floor owners will participate in the normal management expenses and, if so, to what extent he will participate. On this path, if a decision has not been made, the manager does not participate in half of the normal management expenses incurred by him during the management period.


Explanations

- It stipulates that the manager appointed outside the floor owners can demand an appropriate fee from the floor owners, even if no remuneration is specified in the contract concluded with him or her management plan. The appropriateness of remuneration is determined by the quantity and nature of the task performed by the manager, as well as the rules of fairness.

- The board of floor owners also decides on aspects such as whether remuneration should be paid to the manager appointed from among the floor owners and, if it will be paid, its amount. In the absence of such a decision, the manager may not participate in half of the normal management expenses incurred by him.

- The manager must study the management plan before making any decision on remuneration. It is worthwhile to look at whether a decision on the fee has been made before in the board of owners of the floors. The fee to be given can be freely determined by the owners of the floor.






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