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Condominium life, as we know, isn't always a bed of roses. Arguments, disputes, and litigation lurk every day, both between condominium owners and with the administration. If the person who is supposed to maintain order in the building isn't doing their job, you might find it useful to know how to dismiss the condominium administrator. To distrust the condominium administrator, a majority in the assembly is sufficient to revoke the assignment.
Continue reading to understand how to change the condominium administrator.
All the methods for revoking the condominium administrator from his position
To appoint an administrator, the favorable vote of the majority of the condominium assembly is required. An extraordinary meeting may be called to discuss the removal of the administrator. When we talk about a majority in a building, we mean 50% plus one of those attending the meeting on the day of the vote or, alternatively, the group that controls the majority of the building's thousandths of shares. The majorities required to resolve the removal must represent at least half the value of the building. Unlike the sale of a condominium-owned property, which requires unanimity, in this case a simple majority of the thousandths is sufficient.
Generally speaking, the administrator's office lasts twelve months and is renewed annually with the tacit consent of the people who live in the building. The office, however, can be withdrawn by the assembly even before the end of the first year of activity.
The termination of the relationship may be based on a just cause, but it is not essential. You and your condominium owners, for example, may not have established a good relationship with the professional involved and have decided to figure out how to distrust the condominium administrator in order to find someone more suitable before his term ends. In this case, a motion of no confidence could be presented during the meeting.
The appointment, removal and obligations of the administrator are all regulated by Article 1129 of the Civil Code.
Let's start by going into the details of the three most common cases of termination of the professional relationship between the administrator and the condominium.
Revocation of the administrator upon expiration
At the end of the standard twelve-month term, the assembly can majority vote – with the same conditions required for election – withdraw the assignment. If the contract is not renewed upon expiration, the paths of the administrator and the building will separate without problems and without the possibility for either party to request reimbursements or severance pay. It will then be necessary to proceed with the appointment of a new administrator with the same procedures.
Revocation of the administrator during the mandate for just cause
If you want to understand how to change the condominium administrator during the mandate with a revocation for just cause, such as serious professional misconduct, know that you can decide to proceed either with the consent of the assembly or with a personal initiative.
Just cause depends on serious irregularities in the administrator's activity. The most common cases include:
- a lack of transparency in the management of the condominium's financial resources;
- misappropriation from the condominium current account;
- obvious irregularities in the accounts and invoices relating to activities necessary for the life and maintenance of the condominium;
- failure to communicate regarding revisions of the thousandths values;
- delays or omissions in calling a meeting to approve the condominium financial statement;
- refusal or delay in executing decisions taken by the majority of the assembly;
- refusal or delay in calling appointments that include issues relating to the administrator's work on the agenda;
- failure to complete the condominium registers and minutes of meetings;
- refusal or delay in providing tenants with documents such as certificate of payment status of condominium fees;
- lack of transparency regarding the personnel involved in building maintenance and the related accounting documentation.
If one or more of these circumstances occur, the meeting can decide by simple majority to withdraw the appointment. In this situation, the administrator is not entitled to reimbursements or severance pay and abandons his role.
To impeach an administrator with just cause, you may not even need the support of a majority of the thousandths of the shares. If you know that irregularities exist, but your condominium owners have no intention of supporting you in taking action against the person or company managing your building, you can decide to go to court to assert your rights. You will need the help of a law firm to prepare a file gathering all the evidence of the irregularities and requesting the removal of the person in charge from office.
If the adjudicating panel accepts your request, the administrator's mandate will be revoked with immediate effect, and the assembly will proceed to elect a new administrator. And what about the legal fees incurred for this solo initiative? You are rightfully entitled to ask the other residents for a full reimbursement of the amount spent in installments equal to the thousandths of the various condominium owners. After all, you acted in the best interest of the community. The condominium, in turn, has the right to request that the former administrator return all amounts owed, including those paid for the legal action.
Revocation of the administrator during the assignment without just cause
As already mentioned, the assembly can also decide to remove the administrator from office in the absence of just cause. Terminating the relationship also requires a simple majority vote in this case. The law provides specific rules that regulate the revocation of the condominium administrator, outlining the situations in which judicial revocation is permitted or regulated.
To understand how to dismiss the condominium administrator in the absence of just cause, we must focus on the fact that the relationship established between the residents of a building and those who represent them is based on trust. If for any reason this trust is lost before the term expires, you and the other people in the building can decide to terminate the professional relationship early, even without explaining the reasons. The general rules regarding liability for breach of contract and the provisions on the procedure for dismissing the administrator must be respected.
In this case, however, the dismissed administrator is entitled to compensation for damages, which usually corresponds to the payment of the outstanding annual fee. It will then be necessary to proceed with the appointment of the new administrator using the same voting procedures.
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