Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
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Cap. 398 · cap/398 (Cap. 398)

Cap. 398 Art. 15Appointment and removal of administrator.

In KraftAmtlicher Text

(1) When there are more than three condomini, the meeting of the condomini shall appoint an administrator. If the meeting does not make such an appointment, the matter shall be referred to arbitration by one or more of the condomini and the administrator shall be appointed by the arbitrator. Where there are three or less condomini they shall, unless they otherwise agree, administer jointly.

(2) Unless otherwise provided for in his appointment, the administrator shall hold office for a period of two years, provided that he shall continue in office until another administrator is appointed in terms of subarticle (1).

(3) Where the administrator intends to resign his office before the expiration of the period mentioned in his appointment, he shall call a meeting to discuss the appointment of a new administrator. If during such meeting no agreement is reached as to the appointment of an administrator or such meeting is not held, the administrator may refer the matter to arbitration in accordance with the provisions, mutatis mutandis, of subarticle (1), and a new administrator shall be appointed by the arbitrator.

(4) Apart from the case provided for in article 22(7)(a), any one or more of the condomini may refer the matter of the revocation of the appointment of an administrator to arbitration requesting such revocation on the grounds that the administrator has not rendered his accounts, on the grounds that there are reasonable suspicions of serious irregularities on the part of the administrator or on the grounds that there are serious failures by the administrator in the performance of his duties.

(5) The Land Registrar shall keep a register of all appointments and changes of administrators.

(6) The administrator shall notify the said Land Registrar of his appointment and eventual change within fifteen days from such appointment or change.

(7) Any condominus may notify the Land Registrar of any appointment, removal or change of the administrator.

(8) The register shall be accessible to any person wishing to see it.

(9) The fees due to the administrator shall be determined by the meeting of the condomini.