What rights do members of an association have and how can they enforce them?
March 21, 2022 | 40,00 EUR | answered by Emilia Vöss
Dear attorney specializing in association law,
I am Ulrike Schmidt and a member of a sports club in my city. Lately, I have the feeling that my rights as a member of the club are not being sufficiently respected. Therefore, I would like to know what rights I actually have as a club member and how I can enforce them if necessary.
The current situation in our club is characterized by opaque decisions by the board, lack of transparency in the use of club funds, and unclear regulations regarding member participation. I do not feel sufficiently informed and involved as a member in the decision-making processes that affect the club. Furthermore, I have the impression that some of my fellow members are being favored and their interests are being prioritized over those of the general membership.
My concern is that my rights as a club member are not adequately protected and that I am not able to adequately participate in club matters. I would like to know how I can protect my rights as a member and what options are available to me to address any violations of my rights.
Therefore, could you please specifically outline what rights I have as a club member and how I can enforce them if necessary? I am grateful for any support and advice you can provide me in this matter.
Sincerely,
Ulrike Schmidt
Dear Mrs. Schmidt,
Thank you for your inquiry regarding your rights as a member of a club and how you can enforce them if necessary. As a lawyer specializing in club law, I would like to help you by providing an overview of your rights as a member of a sports club.
As a club member, you have various rights that are enshrined in club law. These include the right to information, the right to participate in member meetings, the right to participate in decision-making processes, and the right to equal treatment. Additionally, as a member, you have the right to participate and contribute to matters of the club that concern you.
In relation to your specific concerns regarding opaque decisions by the board, lack of transparency in the use of club funds, and unclear regulations regarding member participation, it is important to assess whether these are in line with the club's statutes or legal provisions. If there are violations of your rights as a member, you have various options available to enforce these rights.
First, you should try to have a conversation with the board or the responsible individuals of the club to address your concerns. If an agreement cannot be reached this way, you can bring your concerns to the member meeting and present them there. Additionally, as a member, you have the right to submit proposals or apply for a position in the club to actively participate in decision-making processes.
If despite these measures there are still violations of your rights as a member, you have the option to take legal action. In this case, you should seek the help of a lawyer specializing in club law who can support you in enforcing your rights. Together, you can assess whether it is necessary to take legal action to uphold your rights as a member.
I hope this information is helpful to you and that you are able to successfully enforce your rights as a club member. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Emilia Vöss
Lawyer specializing in club law
