Association fee is being raised: is that permissible?
Membership fees and their increase are governed by the association's statute. As a rule, the members' meeting decides on fees or a framework. An increase must come about in a formally correct way. If you disagree, you are left with the, deadline-bound, withdrawal.
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What you should do now
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1. Check the statute
Who may decide on fees and within what framework? That is in the statute.
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2. Review the resolution
Was the increase resolved properly (correct body, invitation, majority)?
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3. Check withdrawal
If you do not want to pay, terminate in time at the next statutory date.
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4. Challenge the resolution
In case of formal errors, the resolution can be challenged, but that is laborious.
How to spot the scam
- The increase was not resolved by the responsible body.
- The members' meeting was not properly convened.
- The notice period for withdrawal is overlooked.
Frequently asked questions
May the association raise the fee?
Yes, if the increase comes about in accordance with the statute. As a rule, the members' meeting or another body determined in the statute decides on fees. A properly resolved increase is effective and binding for the members.
What can I do if I disagree?
You can terminate your membership (withdraw) at the next date provided for in the statute. A resolution that came about in a formally faulty way can also be challenged, but that is laborious and only sensible in case of genuine procedural errors.
Do I have to pay the increase until withdrawal?
As long as you are a member and the increase was effectively resolved, yes. That is why it is important to keep an eye on the notice period if you do not want to pay the higher fee. A retroactive increase is, however, as a rule not permissible.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.