What can the board do with a motion?

Questioner

Can the board of an association consider a motion of no confidence as non-confidential?

Lawyer

A motion of no confidence is a formal protest by a member or group of members of an association against a decision, an official or a policy. The term originates from the administrative and political world, but is also used in associations. The board of an association must take such a motion seriously because it expresses a signal of dissatisfaction from the members about the current state of affairs or officials. It is therefore not desirable to consider such a motion as non-confidential. In principle, the board is obliged to discuss the matter in a board or members meeting. Incidentally, a motion of no confidence does not automatically mean that a board member must resign. The board and the members of the association must have agreed on a procedure on how to deal with such a motion. This can be included in the statutes or the internal regulations of the association. It is important to check this. However, it is wise in every situation to seek professional legal advice in the event of a motion of no confidence. Every situation is different and the interpretation of the articles of association and internal regulations can be legally complex. So, it is important to note that interpretation is highly dependent on specific circumstances and this advice is intended as a guideline only and not a substitute for legal advice from a specialist lawyer or attorney. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.