The public image of administrators of residential complexes has suffered for years from the fact that the profession is not protected by law. A certificate of competence can help to improve the image of this profession. At best, it acts like a seal of approval and signals to the members of a community of owners that they are being looked after by a competent administration. The exam fee for the certificate will be approximately 400 euros. Some people will have to take preparatory courses for this, which will cost time and money. All of this is fueling the discussion about who is to be equated with the certified administrator.
If that is the case, you do not have to take the exam. According to the amendment to the Condominium Act (WEMoG), this applies to those who are “qualified to serve as judges”, have “a university degree with a real estate management focus, completed vocational training as a real estate agent” or “a comparable professional qualification”. In the draft ordinance for certification, the group of people who do not have to take the examination is restricted even more.
The regulation lacks a number of professional profiles that are suitable for equality
Martin Kaßler, Managing Director of the Association of Real Estate Managers Germany (VDIV), criticizes the respective definitions: “It is questionable whether only a lawyer who has just completed the second state examination has the necessary specialist knowledge to manage a community of owners. Other degrees are at least as suitable to be exempted from certification – like architects, civil engineers or business economists. “
The latter professions do not appear in the ordinance, nor do a number of vocational training courses and industry-related degrees which, in the opinion of the VDIV, are suitable for equality. These include, for example, a qualified real estate economist, Bachelor or Master of Arts in Real Estate, Master of Science in Real Estate Management, Master of Laws in Real Estate Law and many others. According to Kaßler, unequal treatment of certain occupational groups and qualifications must “definitely be avoided”. Julia Wagner, legal advisor at the Haus & Grund Germany association, also considers the intended provisions to be too narrow: “The regulation must include additional professions for which the intended examination can be omitted.” Wagner and Kaßler emphasize that the certified real estate specialist, an IHK degree, also belongs in this category.
Apart from that, lawyers, architects or economists are not necessarily well versed in condominium law. The VDIV therefore proposes anchoring in the ordinance that, in addition to certain professional qualifications, “at least 80 completed lessons on WEG management” should be a prerequisite for being exempted from the examination.
This gender equality debate raises further questions: For large management companies, the regulation stipulates that they may call themselves “certified administrators” if all of their employees who are directly entrusted with the tasks of property management have passed the certified administrator examination to have. Or if at least half of the staff entrusted with WEG topics have successfully passed the exam and the rest are on an equal footing with a certified administrator. To do this, however, you would have to know exactly who meets the criteria for equality. After all, the regulation clearly states who does not need a certificate, such as caretakers or workers who take care of secretarial tasks.
Apartment owners can currently hardly understand who is certified or not
Especially in view of the staff turnover in management companies, it is hardly possible for consumers to check whether they meet the requirements for certification. Gabriele Heinrich von Wohnen im Eigen suggests the following solution: “Owner associations must be able to check who is certified and who is not. For this, it would be ideal if the IHK kept a register in which all individuals and management companies are listed who have passed the check have or are equal. “
However, it is currently not at all certain that those who are on an equal footing with the “certified administrator” can write this on their flags. Julia Wagner speaks out in favor of certifying that you can call yourself a “certified administrator” for a small fee. “Otherwise it could lead to a market distortion.” Kaßler gives further arguments in favor of handing over a certificate to administrators who have been exempted from the test: “This prevents consumer uncertainty and helps avoid legal disputes.”