How can conflicts within an association be legally resolved?
April 12, 2024 | 50,00 EUR | answered by Roberta Lahn
Dear lawyer specializing in association law,
I am reaching out to you as a member of an association where various conflicts have arisen within the board of directors. These conflicts not only affect the working atmosphere within the association, but also hinder effective collaboration and the achievement of the association's goals.
The background to the current conflicts dates back several months, when differing opinions regarding the direction of the association emerged. These differences of opinion have escalated over time into open conflicts between individual board members, which now burden the entire board. The issues at hand involve not only substantive differences, but also personal animosities and a lack of communication.
I am deeply concerned that these conflicts could potentially harm the association in the long run, and I am seeking legal options to resolve these issues. What legal steps can be taken to reduce tensions within the association and find a constructive solution? Are there any legal regulations or association bylaws that need to be considered in this process?
I would greatly appreciate your assistance and expertise in finding a sustainable solution to the existing conflicts within the association and ensuring a positive development for the association.
Sincerely,
Tatiana Lippert
Dear Mrs. Lippert,
Thank you for your inquiry regarding the conflicts within the board of your association. It is very commendable that you are actively seeking solutions to improve the situation and avoid long-term damage to the association.
In such cases, it is important to first examine what legal steps can be taken within the association to reduce tensions and find a constructive solution.
One possible measure could be to convene an extraordinary general meeting, where the current conflicts can be openly addressed and discussed. Members of the association can express their opinions and suggestions to collectively find solutions. It is important that all board members participate in this meeting and actively contribute to finding solutions.
Furthermore, the association's statutes and any existing regulations or guidelines should be observed. These may provide guidance on how conflicts within the association can be resolved and what processes must be followed. It may also be helpful to involve external mediators or advisors to assist in conflict resolution.
If conflicts cannot be resolved despite all efforts and continue to impact the association's work, the possibility of a new election of the board could be considered. In this case, the provisions of association law and the association's statutes should be followed to properly conduct the new election.
In any case, it is important for all parties to communicate openly and respectfully with each other and work together to find solutions. It is in the interest of the association and its members to resolve conflicts and ensure a positive development of the association.
I am happy to continue to assist and advise you in resolving conflicts within your association.
Sincerely,
Roberta Lahn
Attorney specializing in association law
