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Does the Property Manager have to give consent for a sale
Does the Property Manager have to give consent for a sale?
No, the Property Manager does not have to give permission for the sale of an apartment. As the owner, you are free to sell your property. Therefore, the Property Manager cannot block or refuse a sale.
However, the Property Manager does play an important role in the sales process.
What is the role of the Property Manager during a sale?
When an apartment is sold, the notary is obliged to request certain information from the Property Manager. The Property Manager must provide, among other things:
- The base deed and the co-ownership regulations
- The internal rules
- The minutes of recent general meetings
- The status of the reserve fund
- Any outstanding debts of the seller
- Information regarding ongoing or planned works
- Details regarding any loan held by the Owners Association
This duty to provide information is legally established and ensures that the buyer is correctly informed.
Can the Property Manager block the sale?
In principle, no. The Property Manager has no right of veto over a sale. Even if there are outstanding common costs, the sale can proceed.
However, the notary can withhold outstanding amounts from the sale price to pay them directly to the Owners Association.
Do you have to notify the Property Manager that you are selling?
Yes, in practice it is necessary to inform the Property Manager in a timely manner. The notary will contact the Property Manager anyway to request the legally required information.
After the sale, the transfer of ownership must also be administratively processed in the Owners Association membership list.
What is the conclusion?
The Property Manager does not need to give consent for the sale of your apartment. As the owner, you are free to sell. The Property Manager does have a duty to provide information and supplies the necessary documents to the notary. Outstanding debts can be settled, but the sale itself cannot be blocked by the Property Manager.
Free to sell, obliged to inform.
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