Other offices of the community
In addition to the expressly designated offices of president, vice-president, administrator and secretary, Article 13.1.2 LPH permits the creation of additional bodies if these are provided for in the statutes or agreed by majority vote.
However, the additional offices must fit into the structure provided for by law. Under no circumstances may they undermine the sole decision-making power of the owners’ meeting. Likewise, in accordance with Article 13.1.2 LPH, outsiders must be able to rely on the power of representation of the president and the vice-president(s), as well as on the powers conferred by law on the offices of secretary or administrator. Individual opinions in the literature therefore go so far as to claim that the additional offices would only have internal effect.
Since the offices provided for by law must be respected in their essence, and certain requirements are attached to the characteristics of these office holders (the president must be the owner, the administrator and secretary must be the owner or a sufficiently qualified third party), it can be assumed that the additional offices created are dispensable and can be exercised by third parties (who do not need to have any special qualifications).
A look at the additional offices that are most frequently created makes it clear that, due to their manageable tasks, it is generally not necessary to engage professional service providers. Rather, the community will prefer to appoint committed office holders from its own ranks who have demonstrated an interest in the tasks associated with the office. Since the additional offices are usually dispensable and the tasks they perform overlap with those provided for by law, their creation regularly serves no other purpose than to intensify the involvement of the owners in the administration and management of the community or to ensure closer control.
The most common additional bodies include the offices of treasurer, auditor, committee or commission member (as part of a special committee or commission created only for a specific period or purpose, e.g. to obtain cost estimates, develop solutions to problems, monitor the implementation of decisions, etc.). commission member (as part of a special committee or commission created only for a specific period or purpose, e.g. to obtain cost estimates, develop solutions to problems, supervise construction work, etc.) and board member (as part of a board established on a permanent basis to perform certain tasks on an ongoing basis).
