Sample Petition Requesting Manager Dismissal

What Is Manager Dismissal?

The board of unit owners is what elects the manager; therefore the authority to dismiss them also belongs to the assembly. If the manager abuses their duty, does not give account, neglects the building or engages in behaviour that shakes trust, the unit owners can dismiss them by an assembly decision. In case of just cause, the dismissal can be made without waiting for the term of office to end.

How Does Dismissal Happen?

Dismissal does not happen by the decision of a single owner; it happens by the board of unit owners meeting and taking a decision. The process usually works like this: the owners request a meeting that will place the dismissal topic on the agenda (through a collective petition), at the meeting the dismissal is discussed and decided with the required majority, and a new manager is elected. This petition is the request that brings the dismissal topic on the meeting agenda.

Elements of the Petition

• Addressee (board of unit owners / current management)
• Concrete reasons for the dismissal request
• Request that the matter be placed on the meeting agenda
• Information and signatures of the requesting owners

Copyable Manager Dismissal Request Petition (Full Text)

……………………… APARTMENT / RESIDENTIAL COMPLEX
TO THE PRESIDENCY OF THE BOARD OF UNIT OWNERS

Subject: This is a request for the dismissal (removal from duty) of the current manager and the election of a new manager to be placed on the extraordinary assembly agenda.

We, the unit owners whose information and signatures are below, are of the opinion that the current manager …………… (Name Surname) is not properly carrying out the duty due to ……………… (not giving account / neglecting the building's maintenance / not implementing decisions / trust-shaking behaviour).

Under the Condominium Ownership Law (KMK), the authority to elect and dismiss the manager belongs to the board of unit owners. Therefore, we request that the extraordinary board of unit owners meeting be held with the following agenda:

Proposed Agenda:
1. Discussion of the current manager's activity and accounts
2. Decision on the dismissal (removal from duty) of the manager
3. Election of a new manager and auditor
4. Determination of the handover process

We respectfully submit this for the necessary action. …/…/20…

REQUESTING UNIT OWNERS:
1. Name Surname — Unit No: …… — Signature: ………
2. Name Surname — Unit No: …… — Signature: ………
3. Name Surname — Unit No: …… — Signature: ………
(Additional lines can be added as necessary.)

Filling Guide

Write the dismissal reasons concretely (which duty, how it was neglected). Since the dismissal decision will be taken at the meeting, a meeting must first be requested with a sufficient number of owners. Attention should be paid to the majority required for dismissal at the meeting. In case of just cause dismissal, the manager's handover and accountability obligation continues.

After Dismissal

When the dismissal decision is taken, a new manager is elected and handover is taken from the old manager. We covered the extraordinary meeting request in our extraordinary general assembly article, the handover in our manager change article, and the manager's responsibility in our manager powers article.

Common Mistakes

• Thinking dismissal is done by one person: Dismissal is by assembly decision, not individual.
• Request without justification: Dismissal must be based on concrete reasons.
• Skipping the handover: The dismissed manager is also obliged to give accounts and hand over.

This content and template are for information purposes only, as examples. For the dismissal procedure and majority, take your management plan and current legislation as the basis; when in doubt, consult a legal advisor.