Wertheim. What to do when the term of office of a board member expires and a new election cannot take place because meetings are impossible in times of the corona pandemic? Is the club then leaderless? The simple answer to the question is, no, it isn’t. For these cases, the legislature has made special regulations that will initially apply until the end of this year.
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The lawyer Timo Lienig from Stuttgart, who specializes in association advice and association law, spoke about these provisions in an event that the Education and Family Department of the city administration organized as an online seminar. Around 70 people from 54 clubs were involved. Mayor Markus Herrera Torrez was also there to send a short motivational greeting to the participants.
The beginning of the corona pandemic last year took many completely unprepared – including the clubs. Not only did it suddenly become impossible to do sports or make music together, members’ meetings could – and can – no longer take place.
This meant that board members could not be re-elected or re-elected in good time, and resolutions could not be passed. With the “Law to Mitigate the Consequences of the Covid-19 Pandemic” and its amendments, the legislature has in the meantime reacted to the uncertainty and the problems at the clubs.
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Still in office
“A board of directors remains in office until a successor is elected”, even if the statutes of an association do not actually provide for this, explained lawyer Lienig an important new provision. This avoids the danger that clubs could automatically become leaderless when the term of office of a board of directors expires. Virtual or hybrid meetings are now also permitted. Contrary to what is stipulated in the German Civil Code, associations are also temporarily “not obliged to convene the ordinary general meeting provided for in the statutes as long as the members are not allowed to meet at one location and the general meeting is carried out by means of electronic communication for the association or the members of the association is unreasonable “.
Finally, according to the lawyer, the hurdles for passing resolutions by circulation procedure were lowered. If this previously required the approval of all members, they still all have to be involved, but only half of them take part in the vote. How much this topic burns the club officials under the nails, one could see from the numerous questions that the speaker was asked.
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