Changing your condominium administrator

A condominium association can dismiss its administrator at any time – without giving reasons and without a notice period. This is how it works.

The question rarely comes up overnight. Statements arrive late, decisions are left pending, enquiries go unanswered – and eventually someone at the assembly asks whether this can be changed. It can. The change is legally simpler than most associations assume.

The legal position

Under Art. 712r of the Swiss Civil Code, the assembly of condominium owners may remove the administrator from office at any time – without giving reasons. The administration contract is legally a simple mandate under Art. 394 ff. of the Code of Obligations and is therefore revocable at any time under Art. 404.

This means a term or notice period agreed in the contract does not stand in the way of a change. Nor can the association's own regulations raise the statutory majority required for the dismissal.

The process in four steps

1. Put it on the agenda. The dismissal of the current administrator and the appointment of a new one belong on the agenda as two separate items – either at the next ordinary assembly or at an extraordinary one. If the acting administrator refuses to convene it, owners representing at least one fifth of the shares can demand an extraordinary assembly.

1. Vote. A simple majority of those present or represented is sufficient for both decisions. The agenda items must be clearly worded in the invitation – a decision on an inadequately announced item can be challenged.

1. Notify. A person authorised by the assembly informs the outgoing administrator of the dismissal in writing. No statutory deadline applies. In practice, around three months works well, so that the handover is orderly and the annual accounts are not left stranded mid-change.

1. Hand over. The outgoing administrator is obliged to release everything: accounts and receipts, minutes, contracts with service providers, plans, keys, and the authorisations over the association's bank accounts. A handover protocol with deadlines saves later argument.

Two things that are often overlooked

Timing is part of the decision. Dismissing the administrator in the middle of a renovation project with no handover period is lawful, but it risks a claim for damages for dismissal at an inopportune time. The change is most straightforward between two accounting years.

Get offers before the assembly, not after. Obtain two or three quotes before the invitation goes out, and enclose them with it. That way the dismissal and the succession can be decided the same evening. Otherwise the association is left temporarily without an administrator – which is precisely what stops many associations from making a long-overdue change at all.

When comparing, look past the fee to the scope behind it: what the basic fee covers, what is billed separately – extraordinary assemblies, reminders, construction supervision – and how quickly you get an answer day to day.

How we support you

We will prepare a quote with a full scope of services and fee, without obligation and in good time before your assembly. On request we compile the documents so they can be enclosed directly with the invitation. Once the decision is made, we handle the handover with the outgoing administrator and guide the association through its first accounting year.