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Board election in the association: How does the election work?

Would you like to know how a club board election works? In this article, we explain what you need to bear in mind when voting in a sports club.

spized | Club management

January 9, 2025 |

Whats’ on this page

1. The Executive Board: the most important body in an association organisation

2. Legal requirements for the election of the association's board of directors

2.1 Wahlberechtige und Leitung der Vorstandswahlen im Verein

3. Board election procedure in the association: How the board is elected

3.1 Candidates for the board election in the association - who can be elected to the board?

4. What happens in the association after the election of the Board of Directors?

5. Problems with the board election in the association: What to do if the election was not conducted correctly?

6. Become a board member: How do I get elected to the board of my organisation?

The Executive Board: the most important body in an association organisation

The Executive Board represents the values and objectives of the organisation and represents the interests of the association in all matters. This makes the Executive Board the most important body within an association organisation. As a rule, the board is elected by the members of the association at a general meeting. But how exactly does an association's board election work? It is obvious that it should be transparent. But what are the legal requirements for board elections in sports clubs and how can club and board members best prepare for the election? In the following sections, we explain everything you need to know about board elections in a club.

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Legal requirements for the election of the association's board of directors

Legislation gives clubs a great deal of freedom in terms of concept and organisation. There are merely guidelines and only a few strict rules. Here are a few legal requirements that must be adhered to:

Appointment by the General Meeting: The Executive Board is elected by the General Meeting and is thus legitimised to act.
Majority of votes cast: The Executive Board is appointed by a majority of votes cast. This means that more than 50 % of votes in favour are required. The articles of association may require different rules here, such as a two-thirds or three-quarters majority. The articles of association also regulate possible run-off elections in the event of a tie.
Persons not authorised to vote: A member of the Executive Board is not authorised to vote on their own discharge.
Deviations from the articles of association: Apart from not being authorised to vote on the discharge of their own person, the association's articles of association may deviate from the other duties.

Authorised voters and management of board elections in the association

The Executive Board is obliged to chair the meeting and election. The Executive Board often consists of several members, so that the 1st Chairman conducts the vote. The general meeting can also appoint a different election manager upon request.

Please note: The election officer can be relieved of his/her duties at any time (even during the meeting) by a vote of the members and replaced by another person.

Those entitled to vote are also generally determined by the stipulations in the articles of association. Under association law, every association member is entitled to vote. The articles of association usually impose restrictions by excluding individual member groups, such as children and young people, from voting. The right to vote must be expressed or exercised in person. Unless the articles of association provide for the transfer of voting rights. In addition, a distinction is made between active and passive voting rights:

Active right to vote:	Passive right to vote:
All members of the association	Honorary members
	Supporting members
	Board members not discharged
	Minors

Note: ‘Active club membership’ is not clearly defined in law. The association's articles of association must regulate which members are to be categorised as active and passive.

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Board election procedure in the association: How the board is elected

The law only stipulates that the process of electing board members in an association must be transparent, fair and correct. Ballot papers must therefore be prepared for the election of the board of directors and be tamper-proof. In practice, there are often no ballot papers, but a vote by show of hands. Ultimately, this is also legitimate.

Note: Are members allowed to elect themselves? Yes, of course. Anyone standing for election may also vote for themselves.

Candidates for the board election in the association - who can be elected to the board?

Legally speaking, even people who are not members of the association may be elected to the board. In every association, the articles of association must stipulate which group of people can stand for election to a position on the board. One reason for admitting non-members is, for example, professional suitability for a particular area of responsibility. In sports clubs, special qualifications are not usually required for board work.

The Articles of Association may establish regulations that prevent the election of a disinterested or uninvolved person to the Board of Directors:

Only persons of legal age may stand for election to the Board of Directors.
Only members of legal age are entitled to vote.
Candidates for the Executive Board must have been a member of the association for at least two or three years.
Non-members are excluded from the Board election.

It is important that there is a set of articles of association that forms the basis for the general meeting and the election of the Board of Directors.

What happens in the association after the election of the Board of Directors?

After the board election, the result - i.e. the persons elected to the board - must be entered by name in the register of associations. If the entry in the register of associations is made late or not at all, a fine of between 5 euros and 1,000 euros may be imposed. The legislator also has no influence on the duration of the term of office. How often a board election is to be held in the association or how long a term of office may last is regulated in the respective association's articles of association. However, a well-organised association should hold regular board elections. Many organisations hold a board election every year, with only a certain number of board members standing for re-election or being newly elected. The remaining members are then up for election a year later. With this arrangement, each term of office lasts two years. If members of the Executive Board leave voluntarily or are not re-elected, the entire Executive Board is not replaced immediately. It is important that such regulations are anchored in the association's articles of association.

Problems with the board election in the association: What to do if the election was not conducted correctly?

Problems can arise during the election of board members in sports clubs if a majority is not reached. The club's articles of association provide information on what to do in such a case. The most common procedure is a run-off election between the two strongest candidates. However, there is also a so-called ‘relative majority’. In this case, the candidate has also won if they receive less than 50 % of the votes and at the same time receive the majority of votes. However, such a procedure is only conceivable if there are more than two candidates for a single board position.

In addition, an elected member of the Executive Board must accept the election. This takes place after the election and is usually a mere formality. It is even possible for a member who is not present to be elected to the Executive Board. This member must also accept the election. Ultimately, the association's articles of association provide information on whether the board election was conducted correctly. Legal action is only advisable if it can be proven that the association's articles of association were violated during the election.

Become a board member: How do I get elected to the board of my organisation?

There is probably no amateur sports club in the whole of Germany that is overstaffed and not looking for additional helpers who are happy to take on club tasks. Most club board members are already at an advanced age and are desperately looking for young, energetic successors. If you want to take on a board position, it is generally not too difficult to achieve your goal. On the other hand, in well-organised associations, not everyone who is the first to raise their finger and want to be on the board is elected. Board work is representative and also includes political and social issues. This means that you need life and professional experience to be able to fulfil your role on the board. Ideally, you will use your experience and know-how and contribute your expertise to the work of the Board. Are you good with numbers? Then the job of club treasurer might be just right for you. Are you a successful coach or player at the club? Then the role of youth leader or youth warden would suit you very well. Or do you work in sales and have an excellent network? Then the position of 2nd chairman is just right for finding sustainable sponsorship partners for the club. Be aware of your experience and expertise and think about how you can use your skills profitably on the board. Then the election to the board should not be too long in coming.