Exclusion of an association member
Exclusion of an association member
I've been a member of a sports club for over ten years. At the last general meeting, I protested against the ridiculous proposal to change the name of our association to "feminise" it and follow the trend towards inclusive writing. Now the meeting has decided to expel me! How can I object to this very unfair sanction, which was communicated to me without any indication of the reason?
Mr Geneva
Under Swiss law, associations enjoy considerable organisational freedom. However, they must have written articles of association governing their internal organisation and relations with their members.
Association decisions are taken by the General Meeting; under art. 65 of the Swiss Civil Code (CC), it is the responsibility of this meeting to decide on the admission and exclusion of members. The law does not specifically set out the grounds for exclusion, which are typically determined in the association's articles of association. Generally speaking, if the Articles of Association are silent in this respect, art. 72 CC stipulates that exclusion may only be ordered for just cause. However, the Articles of Association may also provide for exclusion without stating any grounds. In such a case, the member concerned will not be able to take legal action to contest the grounds on which his exclusion was ordered.
However, the Swiss Federal Supreme Court has recognised an exception to this rule in the case of professional or trade associations, since exclusion from this type of association may be detrimental to the member's right to economic development and to his or her professional reputation. Such exclusion may therefore only take place for important reasons.
As your club is apparently not a professional or commercial association, you should check whether its articles of association allow for the exclusion of a member without giving any reasons. If this is not the case, you can contest the decision taken by the association against you, firstly by demanding that you be informed of the reasons for the exclusion, and then by bringing the matter before a civil court within one month of the day on which you become aware of these reasons (art. 75 CC). Please note that if your association's articles of association provide for an internal appeal procedure (for example, contesting the disputed decision before a committee), you should follow this procedure before taking your case to court.
