How can a club member be excluded from the club?
March 26, 2024 | 50,00 EUR | answered by Thomas Tressel
Dear Lawyer specializing in Association Law,
I am reaching out to you with an urgent question regarding a problem that is currently arising in our association. I have been a member of this association for many years and have always actively participated in its activities. Unfortunately, there is a member who has been behaving inappropriately and disrupting the harmony within the association. This member has repeatedly violated the statutes and insulted other members.
The board members have already tried to talk to this member and find a solution, but so far without success. Due to the ongoing disruptions and conflicts within the association, we have come to the decision that it is necessary to exclude this member from the association.
Now we are faced with the question of how to actually exclude a member from the association. What legal steps are necessary for this? Are there specific procedures that need to be followed? And what are the consequences of an exclusion for the member in question?
I am concerned that this process could lead to further tensions and conflicts within the association, so it is important that the exclusion is done in a legally compliant and fair manner. I would like to know from you what options there are to exclude the member from the association legally and how we should proceed.
Thank you in advance for your support and advice.
Sincerely,
Tatiana Klein
Dear Mrs. Klein,
Thank you for your inquiry regarding the exclusion of a club member due to inappropriate behavior and violations of the statute. It is understandable that you are concerned about the further development of the club and want to ensure that the exclusion is carried out in a legally compliant and fair manner.
First and foremost, it is important to know that a club exclusion cannot be done lightly or arbitrarily. It requires a legal basis, which should be set out in the club's statute. The statute should specify the conditions for the exclusion of a member and the procedure for it. Typically, an exclusion due to serious violations of the statute or the club's interests is initiated by a decision of the board.
In your case, where the member in question has repeatedly violated the statute and insulted other members, an exclusion seems justified. It is important for the board members to first take all necessary steps to speak with the member in question and find a solution. If this is not successful, an exclusion procedure should be initiated.
The exclusion procedure itself should be transparent and fair. The affected member should have the opportunity to respond to the allegations and be heard. It is advisable to provide a written justification for the exclusion and inform the member in question about it. Subsequently, a decision on the exclusion can be made.
It is advisable to carefully document all steps and decisions related to the exclusion to have clear evidence in case of legal disputes.
The consequences of a club exclusion for the affected member may vary depending on the statute. Generally, an exclusion means that the member loses their rights and obligations in the club and can no longer participate in meetings or decisions. It may also be necessary for the member to continue to fulfill the membership fee and other obligations until the exclusion takes effect.
I hope that this information is helpful to you in planning the exclusion procedure. If you have any further questions or need assistance, I am happy to help.
Best regards,
Thomas Tressel
Attorney specializing in club law
