How can a club exclude members and what reasons must be present for this?
August 17, 2023 | 50,00 EUR | answered by Roberta Lahn
Dear Lawyer specializing in association law,
My name is Renata Hohenwarter and I am a board member of an association that is dedicated to environmental protection in our community. Lately, we have been experiencing issues with a member who is not following the rules of the association and repeatedly violating the statutes. We have had several discussions with the member in question, but have not been able to reach an agreement. Now we are faced with the question of how to exclude this member and what reasons need to be present for such action.
The current situation is straining the association's life and causing tensions within the board and among the members. We are looking to find a solution to restore peace within the association and continue our effective work for environmental protection. It is important to us that our actions are legally correct and do not lead to further problems.
Therefore, I am seeking your expert advice: How can we exclude a member and what reasons must be present for such exclusion? Are there specific procedures or formal requirements that we need to adhere to? What legal options are available to us to resolve this difficult situation?
Thank you in advance for your support and assistance. I look forward to your professional advice on this matter.
Sincerely,
Renata Hohenwarter
Dear Mrs. Hohenwarter,
Thank you for your inquiry regarding the problems with a member in your environmental protection association and the question of how to exclude this member. I understand that this situation is stressful for the association and that you are looking for a legally correct solution to restore peace within the association.
In principle, there is the possibility in association law to exclude a member if they violate the statutes or the interests of the association. However, exclusion should always be a last resort and should only be considered if all other options, such as discussions or warnings, have been unsuccessful.
First and foremost, it is important that the exclusion of a member is regulated in the association's statutes. Many statutes contain provisions that specify the reasons for exclusion and the procedure for it. These regulations must be followed in order to make the exclusion legally valid.
Reasons for exclusion may include repeated violations of the statutes or the interests of the association, serious damage to the reputation of the association, dishonorable behavior, or gross violation of the duties as a member. It is important that these reasons are clearly documented and comprehensible in order to give the affected member the opportunity to respond.
The procedure for exclusion can vary depending on the statutes. However, a hearing of the affected member and a decision by the general assembly are usually required. It should be ensured that the procedure is fair and transparent in order to avoid potential legal action by the excluded member.
It is advisable to seek legal advice to ensure that the exclusion is legally sound. A lawyer specializing in association law can support you in this and help you with the exclusion procedure.
I hope that this information is helpful to you and wish you success in resolving this difficult situation in your association.
Sincerely,
Roberta Lahn, Lawyer specializing in association law
