Can a club set membership fees arbitrarily?
April 18, 2023 | 50,00 EUR | answered by Thomas Tressel
Dear lawyer,
I have a question regarding the determination of membership fees in an association. I am a member of a sports club and have noticed in recent years that the membership fees vary greatly each year. Sometimes they are increased, sometimes they remain the same, without any understandable justification. I wonder if a club is allowed to arbitrarily set the membership fees or if there are certain legal requirements in this regard.
I am concerned that the fees could potentially be increased unjustifiably and that as a member, I may not have any way to challenge this. I would like to know if there are legal steps that I, as a member, can take in such a case to ensure a transparent and fair determination of membership fees.
Could you please provide me with information on whether a club is allowed to arbitrarily set membership fees and what options members have to challenge unjustified fee increases? I would greatly appreciate your expertise in this matter.
Thank you in advance and best regards,
Wilhelm Krause
Dear Mr. Krause,
Thank you for your inquiry regarding the determination of membership fees in an association. It is understandable that you are concerned, especially when the fees vary significantly each year without a clear justification.
In principle, an association is not allowed to arbitrarily set membership fees. There are certain legal requirements that must be followed. It is important to know that the determination of membership fees must be regulated in the association's statutes. The criteria for determining the fees, such as the amount and payment method, should be clearly defined there.
Furthermore, the membership fees must also be transparent and fairly determined. This means that the fees can be tiered based on objective criteria such as the age of the members, type of membership, or income. Arbitrary fee increases without a clear justification are therefore not lawful.
As a member, you do have the possibility to challenge unjustified fee increases. First, you should try to have a conversation with the board of the association and request an explanation for the fee increase. If you are not satisfied with the explanation or if the board is unwilling to provide information, as a member you may have the right to submit a request for a review of the fee increase by the general assembly.
If all internal options have been exhausted and you still believe that the fee increase is unjustified, you may also consider taking legal action. In such a case, I recommend that you consult with a lawyer specializing in association law. They can guide you on further legal steps and support you in enforcing your rights.
In conclusion, I would like to emphasize that the determination of membership fees in an association should be done in a transparent and fair manner. If you have any further questions or need legal assistance, please do not hesitate to contact me.
Sincerely,
Thomas Tressel, Attorney at Law
