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Old 19.04.2021, 09:40
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Who are verwaltung answerable to

Hello

I live in a community of owned houses and currently have a few issues with the verwaltung and their competencies.

We have some representatives but they are all for the quiet life so don't engage with controversy too much.

Would anyone know if these verwaltungs are answerable to anyone anywhere please? Or how can I find out how they are run? What are the correct procedures, rules and regulations and so on?

I've gone to admin.ch before but I was wondering how to check how it all works.

Thanks a lot
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Old 19.04.2021, 09:45
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Re: Who are verwaltung answerable to

The Verwaltung has to report to the owners. They can act under the provision set by the law and/or owners.
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Old 19.04.2021, 09:46
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Re: Who are verwaltung answerable to

Yes I realise that, but where is the law written or visible?

Last edited by justpassingby; 19.04.2021 at 09:47. Reason: added visible
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Old 19.04.2021, 10:13
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Re: Who are verwaltung answerable to

The rules are in the Obligationenrecht (OR). The rules for renting start with Art 253a https://www.fedlex.admin.ch/eli/cc/2...e#part_2/tit_8

The Verwaltung needs to act according to Vertrag or Auftrag. Also Obligationenrecht.

What exactly are you looking for?
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Old 19.04.2021, 10:19
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Re: Who are verwaltung answerable to

Yes that's what I'm looking for, thanks, but home owners in a community and not renters.

There's a lot there, how would I find it for home owners. We're all home owners in the community, administrated by the verwaltung.
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Old 19.04.2021, 10:20
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Re: Who are verwaltung answerable to

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The rules are in the Obligationenrecht (OR). The rules for renting start with Art 253a https://www.fedlex.admin.ch/eli/cc/2...e#part_2/tit_8

The Verwaltung needs to act according to Vertrag or Auftrag. Also Obligationenrecht.

What exactly are you looking for?
Are we talking about the joint administration of a group of properties (what we would call "factors" in the UK) or the rental agency.

I think the former - in which case they answer to the property owners per the deeds of the development, usually one apartment = one vote.

Other than usual agency law (https://www.fedlex.admin.ch/eli/cc/2...1/chap_1/lvl_G) I don't think there's specific law relating to factors, and they have no relationship to someone who is renting.

The renter only has a relationship to the owner, usually via the owners agent the rental agency.
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Old 19.04.2021, 10:24
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Re: Who are verwaltung answerable to

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Yes that's what I'm looking for, thanks, but home owners in a community and not renters.

There's a lot there, how would I find it for home owners. We're all home owners in the community, administrated by the verwaltung.
Are you talking about Stockwerkeigentum? You have an apartment that you own in a building where others also own an apartment? Maybe start here
https://www.stockwerk-eigentum.ch/#:.../tit_19/chap_3.
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Old 19.04.2021, 10:26
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Re: Who are verwaltung answerable to

or here is the law https://www.fedlex.admin.ch/eli/cc/2.../tit_19/chap_3
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Old 19.04.2021, 10:29
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Re: Who are verwaltung answerable to

Yes that's exactly what I'm looking for. Thanks a lot, that really helps.
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Old 19.04.2021, 10:38
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Re: Who are verwaltung answerable to

They answer to the owners.

The owners decide the rules that the administrators must adhere to.

If the owners are unhappy, they can fire them and hire a new one.

We did that a few years ago.

Tom
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Old 19.04.2021, 10:45
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Re: Who are verwaltung answerable to

I did a bit of checking about the competition and it seems like they're a bit all the same to a certain extent. Sometimes it's better to explain to existing incompetents where they're going wrong and fix it.

First I want to get all my facts correct.

Were/are you happier with the new ones? Was there a noticeable improvement.
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Old 19.04.2021, 10:47
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Re: Who are verwaltung answerable to

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Were/are you happier with the new ones? Was there a noticeable improvement.
It was just a question about money, though I also found the old one to be a jerk.

Tom
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Old 19.04.2021, 11:53
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Re: Who are verwaltung answerable to

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Yes that's what I'm looking for, thanks, but home owners in a community and not renters.

There's a lot there, how would I find it for home owners. We're all home owners in the community, administrated by the verwaltung.
If you're one of the owners, you'll have to call in a "Eigentümerversammlung" (meeting of condominium owners), giving the subject you want to discuss.
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