How can a club legally proceed against members who violate the statutes?
June 6, 2022 | 50,00 EUR | answered by Emilia Vöss
Dear Attorney specializing in association law,
I am reaching out to you with a question regarding the legal options for a association to take action against members who violate the bylaws.
The situation is as follows: In our association, there are some members who have repeatedly violated the bylaws. This manifests, for example, in not attending agreed upon meetings or disregarding decisions made by the board members. These violations lead to disagreements within the association and jeopardize the cooperation and success of our joint projects.
The current situation is marked by dissatisfaction and uncertainties about how we, as an association, can legally address these issues. My concerns are that these violations could affect the association's life and cooperation in the long run. Therefore, I would like to know what legal options we have as an association to take action against members who violate the bylaws.
My question to you is: What legal steps can we, as an association, take to address members who violate the bylaws? Are there ways to warn, sanction, or potentially even expel these members from the association? I would greatly appreciate your expert advice and support on this matter.
Sincerely,
Dirk Böhm
Dear Mr. Böhm,
Thank you for your inquiry regarding the legal options available to a club to take action against members who violate the statutes. It is understandable that you are concerned about the inconsistencies within the club and are seeking solutions to resolve these issues. In such cases, it is important to clarify the situation and take appropriate measures to ensure cooperation within the club.
First and foremost, it is important to emphasize that the statutes of a club represent the basic regulation for club life. Each member is obliged to adhere to the statutes and respect the decisions of the club's organs. Violations of the statutes can therefore have consequences.
As a club, you have various legal options to take action against members who violate the statutes. One option is to issue a warning to the member in question. In this case, you should establish clear rules and procedures for issuing warnings and the consequences they entail. It is important to document warnings in writing to be able to take traceable steps in case of further violations.
If warnings are not sufficient to end the misconduct, the club can also impose sanctions on the member in question. Different measures can be taken depending on the severity of the violation. Possible sanctions may include exclusion from club events, removal from positions within the club, or temporary suspension of the member. However, it is important that these measures are stipulated in the club's statutes to ensure legal certainty.
In extreme cases, if all other measures do not lead to success, the club may consider expelling the member in question from the club. However, expulsion is a serious step and should only be considered as a last resort. In this case as well, the procedures and requirements for expulsion must be regulated in the club's statutes.
In any case, it is advisable to seek legal advice before taking action against a member. A lawyer specializing in club law can support you and help you take the right steps to address members who violate the statutes.
I hope that my explanations are helpful to you and wish you success in resolving the situation within your club.
Sincerely,
Emilia Vöss
Lawyer specializing in club law
