Question

Our small gymnastics association is having difficulty finding new committee members. Of our active gymnasts, almost all have already held office at one time or another. One committee member has now had the idea of asking an individual who isn't a gymnast at all, but whose children are in the squad. Can a non-active member be elected to the committee? And does this even make sense?

Answer

There is nothing standing in the way of this plan unless it is stated in your articles of association that only active association members can be elected to the committee. After all, you are not looking for somebody to do a cartwheel or perform as many squats as possible. Rather, you want to find somebody who is capable of co-leading an association and who can fit into its committee. It is also possible that you are looking to fill a specific area of responsibility, for example somebody to oversee the actuarial or financial side of things or even to take on the role of chairperson.
Good minute-takers, financial experts and leadership figures can also be found outside the ranks of the active gymnastics team. A committee member should, of course, have an interest in the association's activities, but a somewhat external perspective can surely be of no detriment to the association.

Question

A member of our association's committee has tendered his resignation, as he is moving away from the area. However, only around 18 months of the four-year term of office have passed. Is it actually permitted for this individual to step down? Where necessary, is the committee itself able to define a new member prior to the next general meeting so that it remains able to perform its function?

Answer

It often occurs that a committee member is unable or does not wish to complete his or her term of office. Committee members also have the right to withdraw from the association. Should a committee member step down at the end of an association year, by-elections usually take place at the next general meeting.

If a committee member stands down during the course of the year and their absence is manageable, it is possible to wait until the next general meeting. However, if the committee is urgently relying on a replacement so that it can continue its business, it is beneficial if the articles of association allow for so-called co-optation. This means that the committee itself can hold a by-election. The corresponding article may then, for example, read as follows: "Vacancies that emerge during the course of a business year can be re-filled by the committee itself prior to confirmation by the general meeting". If this option is not provided for in the articles of association, the committee can hold elections at an extraordinary general meeting. Or it has to see how it can get things done without a replacement. In any case, it is the responsibility of the departing committee member to ensure the careful handover of official business.

Question

I have been a member of an association committee for several years. I would now like to hand over this honorary office. What is the right way to go about this? Is it enough to inform the committee in writing that I will no longer be standing for election at the next general meeting?

Answer

Generally speaking, you have the right to leave the committee at any time. It is ideal for everyone involved if you announce your resignation as early as possible. As you were elected by the general meeting, your resignation must also be communicated to the association's members via the committee. You are in a better position to judge for yourself whether you should announce your planned resignation directly at the next committee meeting - to be recorded in the minutes - or whether it would be better in terms of timing to write a letter of resignation. There are no requirements as regards form. When a committee members resigns, it is good for the committee and the association to learn what the reasons for this decision were and, where applicable, to get tips for the successor. It is also certainly appreciated if, upon request, you continue to make yourself available for the handover and the induction of your successor in their new role.

Responsibility for finding a successor lies with the remaining committee members. This means that you should feel no obligation to find your replacement yourself.

Question

A while ago, a member of the board announced that he was stepping down from the board. Now he wants to reverse his decision and remove the item "Election of a new member of the board" from the agenda. But not all of the members of the board are enthusiastic about having him remain on the board.  We also already have a new candidate. Do we simply have to accept the reversal of his decision?

Answer

The resignation of an elected member of a corporate body is what is known as an "act of formation" that directly results in (creates) a legal situation. In other words, as of the date when he announced that he was stepping down the member concerned was no longer a member of the board. In order for the member concerned to remain on the board, he must be elected again at the annual general meeting.