What can we expect from a building manager?
Text from 2019. Laws, rates and prices may have changed since then. Ask an agent
Managing a property inhabited by many residents who have bought their flats is not the easiest of tasks. However, the homeowners' association does not have to handle it alone. It is obliged to appoint a board, but the management of the building can be delegated to a specialist, that is, a professional property manager.
• Why have a manager, and what should they do?• What can we expect from a building manager?
• A cross between an accountant and "Cinderella"
• Oversight is the basis of trust
• What to do if the manager does not measure up?
Choosing the right manager is crucial. The manager is responsible for running the building and looking after its good condition and technical state. A modern manager can be compared to an ancient strategist commanding an army or a fleet. Their fleet today consists of the properties they manage, and they fight for the peace and prosperity of the residents who have entrusted their buildings to them.
Why have a manager, and what should they do?
A manager chosen by the homeowners' association takes care of maintaining the common parts of the building. However, managing a property is not limited to mere administration. The Act on the Ownership of Premises clearly specifies the manager's duties. The manager runs the affairs of the homeowners' association and represents it externally and in relations between the association and individual owners of premises.
READ ALSO – A PROPERTY MANAGER'S DUTIES
What is more, the manager is obliged to keep, for each common property defined by the homeowners' association, off-ledger records of the costs of managing the common property and of the advance payments made to cover those costs, as well as settlements on other grounds in favour of the common property. Managing a property also involves ensuring proper operation of the building and investing in the property in justified cases.
What can we expect from a building manager?
First of all – reliability and professionalism. When choosing a manager you cannot be sentimental. It must be a proven and trustworthy person, because we entrust to them not only the administration of the building but also all financial matters. They are also responsible for preparing or updating the building's technical documentation and settling the costs of preparing or updating that documentation.
On behalf of the homeowners' association the manager should meticulously keep and carefully store the technical documentation (construction documents, as-built documents and the building's log book). In addition, they must keep the list of owners of premises and of their shares in the common property up to date. So let us not be surprised if one day the manager demands that the owners of premises produce documents confirming their ownership of the premises, because they have the right to do so.
A cross between an accountant and "Cinderella"
We can expect the manager to look after the cleanliness of the building, carry out routine repairs and make sure that the equipment shared by all residents is maintained. This includes, among other things, the lift. In winter, when snow falls and covers the pavement in front of our (multi-family) building, we often wonder who is responsible for clearing it. And this is precisely the job of the building manager, who is responsible for ensuring safety not only inside the building but also around it.
READ ALSO – THE HOMEOWNERS' ASSOCIATION – HOW DOES IT WORK?
The manager must make sure that building, chimney, electrical and gas inspections are carried out on time. It is up to them, among other things, to check that ventilation, flue and smoke ducts are clear, as well as to have the gas supply system inspected. These matters are regulated by the Regulation on the fire protection of buildings, other structures and land (Journal of Laws 2006 No. 80, item 563).
The manager also deals with finances, because their duties include making settlements through a bank account. Once a year they present the owners with an annual report on their activities. Indirectly this is also linked to the need to convene a meeting of the owners of premises. Such meetings should take place at least once a year, and no later than in the first quarter of each year. This is important, because that is when the annual financial plan for managing the common property and the charges to cover management costs are adopted, and the manager's work is assessed.
Oversight is the basis of trust
If we wonder whether the manager is handling the building's affairs properly, we can ask them to show us the documents relating to the management of our property. Any resident can make such a request. Why? The answer is simple. Owners of premises have the right to oversee the activities of the homeowners' association's board. This means they can ask the manager to make available all of the association's documents. These include contracts concluded with suppliers as well as various invoices. In addition, they can demand copies (for example photocopies) of those documents, so that they can study the financial results at leisure, in the comfort of their own home.
What to do if the manager does not measure up?
We will not always come across an ideal property manager. If it turns out that they have abused our trust or simply fail to perform their duties properly, we do not have to put up with them. They can be dismissed. It is worth remembering that, according to the law, the board or its individual members can at any time, under a resolution of the owners of premises, be suspended from their duties or dismissed, and a change to the established method of managing the common property takes place on the basis of a resolution passed by the owners of premises. This resolution forms the basis for an entry in the land and mortgage register (księga wieczysta).
Tags: homeowners' associations, building manager, property managers


