Advisory board: duties, rights and liability

Support and supervise

The advisory board supports and supervises the manager in carrying out their duties (§ 29 WEG). A board is not mandatory; the association decides for itself whether to appoint one. Only apartment owners can be members. The association decides by resolution how many members it has. Where there are several, a chair and a deputy are designated.

The most important duty: checking

The board should review the budget and the annual statement and add its opinion before the meeting votes on them. This includes the voucher audit: by sample or in full, on site or digitally.

The chair also represents the association vis-à-vis the manager, for example when concluding the management contract (§ 9b (2) WEG). If the manager fails to convene a meeting in breach of duty, the chair may issue the invitation (§ 24 (3) WEG).

Liability in proportion

Anyone who holds the office without pay is liable only for intent and gross negligence (§ 29 (3) WEG). The law aims to make the voluntary role more attractive. Many associations additionally take out financial loss liability insurance for their board members. In the associations we manage, board members are covered in their role by our financial loss liability insurance.