in the service of associations

Dismissal of the committee

The committee or a member of the committee may be dismissed (voted out of office) by the general meeting of the association. The right to dismissal by the general meeting of the association is established by law (in every case) where it is justified for an important reason. Members of the board of directors may not dismiss their own colleagues themselves unless the articles of association expressly permit it.
Question

As we have constant disputes due to a fellow committee member, we want to remove him from office. How do we need to proceed?

Answer

Generally speaking, committee members are unable to remove or vote out a colleague themselves. The committee members are elected by the general meeting and only the general meeting has the authority to relieve them of their duties.

Following the passing of a majority resolution within the committee, a motion can be put forward at the general meeting for the colleague in question not to be re-elected. It is, however, down to the general meeting to decide whether to pursue such a motion or not. Whether choosing this path will resolve the conflict situation is another matter. Problems are often not simply tied to a lone individual. It is possible that seeking out the cause of the conflict and holding joint discussions will prove a more promising solution.