Can a club also take legal action against its members?
August 11, 2023 | 50,00 EUR | answered by Otto Krebs
Dear lawyer specializing in association law,
I am a member of an association that focuses on the protection of endangered species. Lately, there have been increasing conflicts within the association, particularly with a member who has repeatedly violated the association's statutes and resolutions of the general assembly. These violations not only endanger the cohesion within the association, but also our work in protecting animal species.
I am very concerned about how we should deal with this member as an association. Can our association take legal action against this member to sanction the misconduct and prevent further violations? Are there specific requirements that need to be met for the association to take action against a member?
We have already tried to point out the misconduct to the member and issue a warning, but without success. Now we are at a point where we are considering whether legal steps are necessary to maintain the integrity of the association and not jeopardize our common goals.
I would greatly appreciate it if you could inform me about the options available to an association to deal with members who violate the association's statutes. Are there specific procedures or legal steps that we, as the board of the association, should consider?
Thank you in advance for your support and advice.
Sincerely,
Anna Wagner
Dear Mrs. Wagner,
Thank you for your inquiry regarding dealing with a member in your association who repeatedly violates the association's statutes and decisions. It is understandable that you are concerned about the cohesion and work of your association and are considering legal steps. As a lawyer specializing in association law, I can provide you with some information on this matter.
First and foremost, it is important to emphasize that an association, as a legal entity, has certain rights and obligations. A member who violates the statutes can be sanctioned by the association. The specific options and requirements for this are laid out in your association's statutes. It is important that you carefully read the statutes and examine what provisions are in place for dealing with such violations.
In most cases, an association's statutes provide for specific sanctioning options, such as warnings, expulsion from the association, or other disciplinary measures. Before taking legal action, these internal sanctions should be exhausted. It is important for the association's board to act transparently and comprehensibly to prevent possible legal disputes.
If internal sanctions are not sufficient and the member continues to violate the statutes, the association can take legal action. This could involve a warning, a lawsuit for injunction, or in the worst-case scenario, the expulsion of the member. Once again, it is important for all steps to be carefully documented and comprehensible to avoid potential legal disputes.
I strongly recommend that you meet with your board, review the statutes, and consider legal action if necessary. If you have any further questions or need legal support, I am at your disposal.
Sincerely,
Otto Krebs
