Special remuneration for administrators?

Is the agreement of a special agreement by the administrator for the operation of house-money lawsuits permitted?

In addition to the basic remuneration for their general activity, property managers often agree special remuneration for special services with the apartment owners' associations (WEG). This can include construction support for repair measures, the keeping of special statistics or the running of house-money lawsuits against defaulting owners.

The district court of Cologne (29 S 48/18 WEG) had to deal with a decision to do so. The latter had decided to pay the administrator a special fee of EUR 200 for the judicial enforcement of home remainder arrears. The Cologne District Court ruled that it was fundamentally harmless to grant the administrator compensation in the form of an appropriate flat rate for conducting legal proceedings. However, the remuneration must be proportionate.

In the specific situation, this was not the case, since the flat rate of EUR 200 was paid regardless of the amount of the arrears. This could, for example, result in the administrator receiving higher remuneration for the recovery of low household remuneration than a lawyer under the RVG.

The agreement on the special remuneration must be based on the disputed fees of the RVG, even if this is stipulated in the management contract.