What obligations does a club have towards its members and how can these be enforced?
August 7, 2023 | 50,00 EUR | answered by Emilia Vöss
Dear lawyer specializing in association law,
My name is Sophia Dietrich and I am a member of an association that has recently been experiencing financial difficulties. I am concerned about my rights as a member and wonder what obligations the association has towards me and how I can enforce them if necessary.
The current situation is as follows: The association to which I belong has been having problems meeting its financial obligations in the past few months. As a member, I am wondering to what extent the association is obligated to provide transparent information about the financial situation and what rights I have as a member in this situation.
My concerns stem from not knowing exactly what rights and obligations I have as a member and how I can enforce them, especially regarding the financial situation of the association. It is important to me that my rights as a member are upheld and that the association fulfills its obligations towards me.
Therefore, I am asking you what specific obligations an association has towards its members, especially regarding financial transparency and disclosure obligations. How can I as a member enforce these obligations if the association neglects them? Are there legal steps I can take as a member to protect my rights and ensure that the association fulfills its obligations?
I thank you in advance for your support and advice on this matter.
Sincerely,
Sophia Dietrich
Dear Mrs. Dietrich,
Thank you for your inquiry regarding your rights as a member of a club, especially concerning the financial situation and transparency of the club. As a lawyer specializing in club law, I understand your concerns and uncertainties and will address your questions in detail below.
First and foremost, it is important to understand that a club as a legal organization has certain duties and responsibilities towards its members. This includes the duty of financial transparency and obligation to provide information. According to § 21 of the Civil Code (BGB), every club member has the right to be informed about matters of the club that are significant to the members. This includes the financial situation of the club.
The board of a club is usually responsible for regularly and comprehensively informing the members about the financial situation of the club. This includes disclosing income and expenses, assets, liabilities, and other financial aspects that are relevant to the members. The information should be presented in a form that is understandable to the members, such as in the form of financial statements or reports.
If the club fails to fulfill its obligation to provide information or if the financial situation of the club remains opaque, members have various options to enforce their rights. Firstly, as a member, you should initiate a conversation with the board or the club president and request detailed information about the financial situation of the club.
If the board still does not provide sufficient information or fails to fulfill its obligation to provide information, you as a member can take further steps. This may include requesting a general meeting where the financial situation of the club can be thoroughly discussed. You can also request access to the club's documents to assess the financial situation yourself.
If despite your efforts, the club continues to remain opaque and violates its obligations, you as a member can also take legal action. This may include initiating legal proceedings to enforce your right to information or challenging decisions made by the board due to lack of transparency.
Overall, it is important for you as a member of a club to know your rights and actively demand them, especially regarding the financial situation. If you need further assistance or advice, I am happy to help.
Best regards,
Emilia Vöss
