Constitution of Treptower Teufel Tennis Club e.V.

§ 1 – Name, Registered Office, Registration and Financial Year

  1. The club founded on May 28, 1991 operates under the name: “Treptower Teufel Tennis Club e.V.”, abbreviated TTTC, and is a member of the Tennis Association Berlin-Brandenburg.
  2. The registered office of the club is Berlin.
  3. The club is registered in the register of associations at the District Court of Berlin-Charlottenburg.
  4. The financial year is the calendar year.

§ 2 – Purpose, Tasks and Principles of Activity

  1. The club pursues exclusively and directly charitable purposes within the meaning of the section “Tax-privileged purposes” of the German Tax Code, namely through the practice of sport.
  2. The purpose is realized in particular through:
    • the promotion of sporting exercises and achievements in the sport of tennis
    • the promotion of children’s, youth, adult, competitive, and senior sports
    • members are entitled to participate in regular training and competitions
    • the organization of orderly sports, games, practice and course operations
    • the implementation of performance-oriented training operations
    • the implementation of general youth events and measures
    • training and further education as well as the deployment of instructors, coaches and assistants
    • the creation as well as the maintenance and repair of real estate, equipment and other objects owned by or leased by the club
  3. The club operates selflessly. It does not primarily pursue its own economic interests.
  4. The organs of the club (§ 11) exercise their activities on a voluntary basis. The general assembly may decide on an annual flat-rate activity remuneration for board members.
  5. Funds accruing to the club may only be used for purposes in accordance with the constitution. Members receive no profit shares and in their capacity as members no other benefits from the club’s funds. No person may be favored by expenses that are alien to the purpose of the club or by disproportionately high remuneration.
  6. The club maintains party-political neutrality. It grants equal rights to members of all nationalities and population groups and represents the principle of religious and ideological tolerance.
  7. The club condemns all forms of violence, regardless of whether it is physical, psychological or sexual in nature. In particular, any discrimination based on sexual orientation, gender identity or physical gender characteristics is prohibited.

§ 3 – Membership

The club consists of:

1. Adult members over 18 years of age:

  • active members
  • passive members
  • honorary members

2. Children and youth under 18 years of age:

  • active members
  • passive members

§ 4 – Acquisition and Modification of Membership

  1. Any natural person can become a member of the club.
  2. Admission is made by resolution of the board based on a written application, which simultaneously acknowledges the club’s constitution and fee schedule.
  3. The membership application of minors requires the written consent of their legal representatives, who thereby declare that they are jointly and severally liable for the membership fee and its timely payment.
  4. There is no legal right to admission to the club.
  5. A member may declare in writing to the board by December 31 of the financial year that they wish to belong to the club in a passive capacity from the following year.

§ 5 – Termination of Membership

  1. Membership ends through:
    • resignation
    • expulsion
    • death
  2. Upon departure, all rights and obligations of the member towards the club expire.
  3. Existing contribution obligations (debts) towards the club remain unaffected.

§ 6 – Resignation from the Club – Termination of Membership

The resignation of a member is made by written notification to the board by September 30 and becomes effective on December 31.

§ 7 – Expulsion from the Club

  1. A member may be expelled by the board for:
    • substantial violations of the provisions of the constitution and regulations or against the interests of the club
    • quarterly payment arrears despite reminder
    • gross unsportsmanlike conduct
    • dishonorable actions
  2. In cases a), c) and d), the board must give the member the opportunity to comment orally or in writing before deciding on expulsion; the member must be requested to do so in writing with a notice period of ten days.
  3. The decision on expulsion must be justified in writing and communicated to the person concerned by registered letter.
  4. The person concerned has the right to appeal against the decision on expulsion. The general assembly decides on the appeal.

§ 8 – Contributions and Obligations

  1. Members are obliged to pay contributions to the club:
    • fees
    • an annual minimum monetary contribution
    • work hours for the maintenance of club facilities or, alternatively, a monetary amount set for this purpose
    • in the case of foreseeable larger financial requirements, levies of up to a maximum of 50 percent of the annual membership fee
  2. The amount of contributions and their monetary value are determined by the general assembly.
  3. The contribution amount can be determined by member groups. The differences must be objectively justified. Reduced contributions apply to: pupils, apprentices and students up to the age of 25, passive members. Details are regulated by the fee schedule.

§ 9 – Processing of Contributions

  1. The annual contribution is due on February 1 and must have been received in the club’s account by then. In case of default of payment, a fee of €20 becomes due with a written reminder – regardless of actual expenses.
  2. Anyone who wishes to claim the contribution reductions decided by the general assembly must prove that the requirements exist for the predominant duration of the current financial year. If this does not happen by January 31, the entitlement to a contribution reduction expires.
  3. The board is authorized to defer, reduce or waive the contribution obligations of individual members upon their application. The member must credibly present and prove the reasons for their application.
  4. The board is authorized to grant a reduced contribution for a limited promotional period, for example on open house day for the purpose of member recruitment, which applies for the current year.

§ 10 – Disciplinary Action

  1. Against members who violate the constitution or the resolutions of the board or the general assembly or are guilty of a violation of the interests of the club or unsportsmanlike conduct, the following measures may be ordered by the board after prior hearing:
    • warning
    • temporary prohibition of participation in club events
  2. The notice of disciplinary action (which is not possible against honorary members) must be delivered by registered letter and publicly posted in the club. The member concerned has the right to call upon the club’s complaints committee within two weeks of dispatch.

§ 11 – The Club Organs

The organs of the club are:

  • the general assembly
  • the board
  • the auditors
  • the complaints committee

§ 12 – The Ordinary General Assembly

  1. The supreme organ of the club is the general assembly. The most important general assembly is the annual general meeting. This is responsible for:
    • receiving the reports of the board
    • receiving the report of the auditors
    • discharge and election of the board on the basis of the auditors’ report
    • election of the deputy chairperson
    • election of the auditors and the complaints committee
    • determination of contributions and levies as well as their due dates
    • approval of the budget
    • amendments to the constitution
    • resolution on motions
    • negotiation of appeals against disciplinary action
    • appointment and withdrawal of honorary memberships
    • dissolution of the club
  2. The annual general meeting takes place at least once a year; it should be held in the first quarter.
  3. The convocation is made by the board by means of written invitation. There must be a period of at least five weeks between the day of invitation and the date. The agenda must be communicated with the written convocation of the general assembly. Applications for amendments to the constitution must be communicated verbatim; other applications must contain the subject of the resolution.
  4. The general assembly has a quorum regardless of the number of members present. In the case of resolutions and elections, a simple majority of the valid votes cast decides. Abstentions are disregarded. A tie means rejection.
  5. Amendments to the constitution as well as changes to the club’s purpose require a two-thirds majority of the valid votes cast.
  6. In elections, a written vote must be held if this is requested by five percent of those present.
  7. All members are entitled to submit motions on the agenda with written justification to the board up to four weeks before the date.
  8. The agenda is determined by the board and announced at least two weeks before the general assembly by email, letter or notice in the clubhouse.
  9. Emergency motions can be submitted to the board with written justification up to 7 days before the general assembly. Only those motions are admissible as emergency motions that demonstrably could not be submitted in time and are so important for the club that they must be included in the agenda of the general assembly. The board must immediately announce these motions by email and by posting. It is then required that the motion be adopted with a two-thirds majority. Motions for amendments to the constitution cannot be submitted as emergency motions.
  10. The general assembly elects a meeting leader on the proposal of the board.
  11. Minutes of results must be prepared for the general assembly, which must be signed by the minute taker and the meeting leader.
  12. Members have the right to inspect the minutes and can assert objections to its content in writing to the board within a period of four weeks. The board decides on the objection and communicates the result to the member.
  13. Notwithstanding Section 32 Paragraph 1 Sentence 1 of the German Civil Code (BGB), the board may decide at its discretion and announce in the invitation that members may participate in the general assembly without being present at a meeting location and exercise their membership rights by means of electronic communication (online general assembly).
  14. The board may decide in “Rules of Procedure for Online General Assemblies” on suitable technical and organizational measures for holding such a general assembly, which should in particular ensure that only club members participate in the general assembly and exercise their rights (e.g. by allocating an individual login).
  15. The “Rules of Procedure for Online General Assemblies” is not part of the constitution. The board is responsible for enacting, amending and repealing these rules of procedure, which it decides by simple majority. The current version of the rules of procedure becomes binding for all members upon publication on the club’s homepage.
  16. Notwithstanding Section 32 Paragraph 2 BGB, a resolution is also valid without a general assembly if:
    • all members have been involved in text form
    • at least half of the members have cast their votes in text form by the deadline set by the board and
    • the resolution was passed with the required majority
  17. The provisions of this section apply accordingly to board meetings and board resolutions.

§ 13 – The Extraordinary General Assembly

  1. An extraordinary general assembly must be convened within a period of two weeks with a corresponding written agenda if:
    • the board decides on such
    • at least twenty percent of the club members request this
  2. Otherwise, the rules for the ordinary general assembly apply.

§ 14 – Board

  1. The board consists of:
    • the chairperson
    • the sports director
    • the youth director
    • the treasurer
    • the equipment manager
    • the events manager
    • the secretary
  2. The board conducts business in accordance with the constitution and the resolutions of the general assembly. It has a quorum when four of its members are present. It passes its resolutions by simple majority. In case of a tie, the vote of the chairperson decides or, in their absence, that of their deputy. The deputy is elected by the general assembly.
  3. The following board members are authorized for legal transactions within the meaning of §26 BGB:
    • the chairperson
    • their deputy
    • the treasurer
    In external relations, the club is represented jointly by two of the named board members.
  4. The term of office of the board is two years.
  5. The appointment of board members is made by election at the general assembly. Separate election procedures must be carried out for each function.
  6. The board remains in office until a new one is elected. This also applies to individual board members. The entry of the new board in the register of associations is decisive. The transition period is limited to three months.
  7. If a board member leaves during the current term of office, the board may appoint an interim board member.

§ 15 – Complaints Committee

The complaints committee consists of three members who may not belong to the board. They are elected for two years. The complaints committee must decide on complaints within four weeks of their receipt.

§ 16 – The Auditors

The auditors are obliged to audit the bookkeeping including the cash and to submit an audit report to the annual general meeting and to take a position on the question of discharge of the board.

§ 17 – Voting Rights, Eligibility and Election

  1. Members who have reached the age of 18 have voting and electoral rights.
  2. Voting rights can only be exercised personally.
  3. All adult and legally competent members are eligible for election.

§ 18 – Honorary Members

  1. Members who have rendered special service to the club may be appointed honorary members on the proposal of the board. The appointment is for life if two-thirds of the voting members present agree.
  2. Honorary members have voting rights in the general assembly.
  3. Honorary members are exempt from contributions, fees and levies.

§ 19 – Club Regulations

  1. The club adopts club regulations to regulate the internal processes of club life.
  2. The club regulations are not part of this constitution and are therefore not entered in the register of associations. Club regulations may not contradict the constitution.
  3. The general assembly is generally responsible for enacting, amending and repealing a club regulation, unless a different regulation is made elsewhere in this constitution.
  4. Club regulations can be enacted as needed for the following areas and tasks:
    • rules of procedure for the organs of the club
    • fee schedule
    • house, game and building regulations
  5. For their effectiveness, the club regulations must be made known to the members by posting in the clubhouse. The same applies to amendments and repeals.

§ 20 – Data Protection

  1. The club collects, processes and uses personal data of its members to fulfill its constitutional purposes and tasks within the framework of member administration.
  2. As a member of the TVBB, the club is obliged to report certain personal data there as well as to the State Sports Association Berlin.
  3. Insurance has been taken out through the State Sports Association Berlin from which the club and/or its members can receive benefits. To the extent necessary for the settlement of claims, the club transmits personal data of its members to the responsible insurance company. The club ensures that the recipient uses the data exclusively in accordance with the purpose of transmission.
  4. A member may object at any time to the board regarding the publication of individual photos of their person. From receipt of the objection, publication/transmission ceases, and the club removes corresponding photos from its homepage.
  5. Member lists are issued as files or in printed form to board members, other officials and members to the extent that their function or special task in the club requires knowledge. If a member makes credible that they need the member list to exercise their constitutional rights (e.g. minority rights according to § 37 BGB), they will be handed a printed copy of the list against the written assurance that names, addresses and other data will not be used for other purposes.
  6. Through their membership and the associated recognition of this constitution, members agree to the collection, processing (storage, modification, transmission) and use of their personal data to the aforementioned extent and scope. Any other use of data beyond the fulfillment of its constitutional tasks and purposes is only permitted to the club if it is obliged to do so for legal reasons. Data sales are not permissible.
  7. Each member has the right within the framework of the legal provisions of the Federal Data Protection Act (in particular §§ 34, 35) and the GDPR to information about the data stored about their person, its recipients and the purpose of storage as well as to correction, deletion or blocking of their data. After termination of membership, this data will be deleted again. Personal data concerning treasury management will be kept by the board for up to ten years in accordance with tax law provisions.

§ 21 – Dissolution

  1. A general assembly convened for this purpose decides on the dissolution of the club with a three-quarters majority of the voting members present.
  2. In the event of dissolution of the club or in the event of the discontinuation of tax-privileged purposes, its assets, if they exceed claims from loan agreements of members and other creditors, fall to the State Sports Association Berlin, which must use them directly and exclusively for tax-privileged purposes.

This constitution was adopted by the general assembly of Treptower Teufel Tennis Club e.V. on August 13, 2021.

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