How can a club legally admit and exclude members?
April 22, 2023 | 50,00 EUR | answered by Emilia Vöss
Dear Mr. Lawyer,
my name is Wolfgang Lauer and I am a board member of a small association dedicated to nature conservation. Lately, we have been experiencing some difficulties with one of our members who regularly violates the statutes and causes unrest within the community. We are now considering the possibility of excluding this member from the association.
However, we are unsure about the legal steps we need to take in order to admit and exclude a member. What procedures must our association follow in order to carry out a valid exclusion? Are there specific formal requirements that need to be met? And what legal consequences could arise for the association if the exclusion is not done correctly?
We are concerned that we may make mistakes and face legal consequences for our association. Therefore, it would be very helpful if you could inform us about the legal framework regarding the admission and exclusion of members. Are there alternative ways to deal with a problematic member without resorting to exclusion?
Thank you in advance for your support and we look forward to your expert advice.
Sincerely,
Wolfgang Lauer
Dear Mr. Lauer,
Thank you for your inquiry regarding the exclusion of a member from your nature conservation association. As a lawyer specializing in association law, I can help you and explain the legal framework for the admission and exclusion of members.
First and foremost, it is important to emphasize that a club generally has the right to exclude a member if they violate the statutes or the interests of the association. However, certain conditions must be met in order to carry out a valid exclusion.
In the case of excluding a member, the association must usually adhere to the procedural and formal requirements set out in the statutes. It is important that the exclusion decision is properly made, in accordance with the majority requirements and formalities specified in the statutes. Additionally, the affected member should be given the opportunity to respond to the allegations against them and present their perspective.
It is advisable to document the exclusion decision in writing and properly serve it to the affected member. It should be ensured that the reasons for the exclusion are clearly stated and comprehensible in order to avoid any potential legal action by the affected member in the future.
In the event of an erroneous exclusion, the affected member could initiate legal action against the association. This could lead to a lengthy legal dispute and incur significant costs for the association. Therefore, it is important that the exclusion is carried out correctly and all legal requirements are met.
However, there are also alternative ways to deal with a problematic member without resorting to exclusion. For example, a clarifying conversation could be held with the affected member to resolve misunderstandings and find a solution in the best interest of the association.
I hope that this information has been helpful to you and I am available for any further questions. You are welcome to schedule a personal consultation with me to discuss your concerns in more detail.
Sincerely,
Emilia Vöss
Lawyer specializing in association law
