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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
- Name and location
1.1 The association is called the allotment gardeners’ association “Dornröschen” e. V. Lehrte from 1920 and has its
Based in Lehrte.
1.2 It represents the association of allotment gardeners within the association area and includes the
allotment gardens
Sleeping Beauty.
1.3 He is a member of the Lehrte District Association of Allotment Gardeners and thus also of the LNG,
Lower Saxony Association of Garden Friends
- The association is registered in the register of associations. It will meet the requirements of
Tax relief (§ 59 AO) and the actual management (§ 63 AO)
carry out in accordance with the statutes. - The storyäfiscal year läRuns from 1.1. to 31.12.
- Purpose and tasks
2.1 The Association
- pursues exclusively and directly non-profit purposes within the meaning of allotment garden law and within the meaning of the section “Tax-privileged purposes” of the German Tax Code.-is politically and religiously neutral.-operates selflessly and rejects any economic activity with the intention of making a profit.
2.2 The association aims to:
- the creation and maintenance of allotment gardens as part of the public green space in the interest of
To demand the health of the entire population. - to arouse interest in allotment gardens as part of the public green space and to
intensify in order to maintain people's close connection to nature. - to promote all measures that ensure that public green spaces and allotment gardens are
Serve the common good. - to provide child and youth care, to support the German Schreber Youth.
- to manage the allotment gardens and to provide professional advice to the members.
- to expand the allotment gardens in line with modern urban development.
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Statutes of the allotment gardeners' association “Sleeping Beauty” eV Lehrte from 1920
2.3 Non-profit regulations
- The association's funds may only be used for statutory purposes. The members
do not receive any donations from the association’s funds. - No person may be harmed by expenditures that are alien to the purpose of the association or by
disproportionately high remuneration is favoured. - Membership rights and obligations
3.1 Membership is voluntary. All members have equal rights and responsibilities. Membership is personal, non-inheritable, and non-transferable. Any person of legal capacity may apply.
3.2 Membership is acquired upon written application by resolution of the Board of Directors.
about admission must be given in writing or verbally, the reasons for any refusal must be communicated to the
Applicants must be notified in writing. An admission fee must be paid. The Board of Directors may, in individual cases,
refrain from collecting the fee. The amount of the fee shall be decided by the general meeting.
- The general meeting can elect personalities who have rendered outstanding services to allotment gardening
Honorary members are exempt from the obligation to pay membership fees and
Doing community work is liberating. - By joining, the new member acknowledges the statutes and the garden regulations
as legally binding. - The member has the right
- to exercise the active and passive right to vote within the association
- To submit and present motions and proposals.
- to participate in the decision-making process at the general meetings and to participate through his or her vote.
- to inspect the minutes of the general meetings.
- To attend events and training courses of the association and to use the association’s facilities in accordance with
decisions taken. - his allotment garden, which was made available to him for allotment gardening purposes due to his membership,
Compliance with the applicable statutory provisions, the garden regulations and the lease agreement
and to design.
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Statutes Allotment Association “Sleeping Beauty” eV Lehrte from 1920
- The right to use allotment gardens is not a special right within the meaning of Section 35 of the German Civil Code (BGB).
- The member has the duty
- to protect and promote the reputation of the association and to protect its interests at all times
represent - to pay the fixed contribution and to meet other financial obligations towards
to comply with the club's deadlines. - to do community work.
- Plant protection and pest control in the allotment garden, whereby the
legal provisions for protecting the environment must be observed. - The construction of arbors shall only begin after the approval of the Board and the
authority. - The use of the sheds as permanent living space is prohibited.
- To observe the garden rules and to follow the other instructions of the board or its
Representatives (chairmen, etc.) must be followed. - h) To immediately notify the Board in writing of any change of address or name.
- The rights and obligations of members who do not have a garden can be determined by resolution of the
General meeting may be restricted. - An applicant has no
4. Erlöof membership
4.1 Membership expires
- by dissolution of the association
- by resignation. This can only be done at the end of a financial year. It is reported to the Board of Directors
in writing by the 3rd working day in August. - by death (see lease agreement 3.6)
- by exclusion. This can be pronounced by the extended board after the
Those affected were given the opportunity to justify themselves within a period of 2 weeks.
The exclusion decision and the reasons for it must be communicated to the member by registered letter.
The member has the right to withdraw the
The objection has suspensive effect.
The General Assembly decides on any objection. Its decision is final, subject to
judicial review.
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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
4.2 Grounds for exclusion are:
- improper management of the garden despite two written warnings by the
- dishonorable or immoral behavior. Exclusion should occur if the member is within the
guilty of theft on the premises managed by the club. - Failure to meet payment obligations despite two written reminders from the Board of Directors.
- three times refusal to perform community work or its substitute services.
- intentional damage to the interests of the association.
- gross insult to the board
- g) Construction of buildings or making changes
without approval of the board/authority - h) Subletting or transferring the garden to third parties without the approval of the Board.
- i) Loss of legal capacity
- j) Loss of the ability to hold public office and to exercise public election rights
and punishment for a capital crime during membership
- k) Storage and unauthorized use of firearms in allotment gardens
4.3 Upon termination of membership, the contract between the allotment association and the member shall also expire.
concluded lease agreement. Furthermore, all rights arising from membership and the association's assets expire.
To cover any outstanding obligations, garden items and facilities (buildings,
Fruit trees and others) that are the property of the member are used by the association to meet its claims.
S.Organs
5.1 The organs of the association are:
- the general meeting
- the board
- The Board
6.1 The Board of Directors shall consist of:
- the 1st and 2nd chairmen
- the 1st and 2nd cashiers
- the 1st and 2nd letterüyour
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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
The 1st Chairman, the 2nd Chairman, the 1st Treasurer and the 1st Secretary are the board of directors in
Pursuant to Section 26 of the German Civil Code (BGB), the 1st Chairman shall be replaced by the 2nd Chairman in case of his/her inability to attend.
Two of them, including the 1st Chairman or the 2nd Chairman, are to
authorized to legally represent the association.
- The remaining board members, e.g., association consultants, are voting members.
Assessors such as chairmen, path wardens, youth leaders, press officers, can be called in; they have
no voting rights.
- Board election and businessämanagement
7.1 The Board of Directors shall be elected by acclamation or at the request of a member by secret or public vote in
elected by the general meeting for a term of four years. Board members retire as follows:
- In even-numbered years, the 1st Chairman, the 2nd Treasurer and the 1st Secretary
- In odd-numbered years, the 2nd Chairman, the 1st Treasurer, the 2nd Secretary
and the specialist advisor.
The term of office runs until the end of the general meeting. Re-election is permitted.
- To deal with special matters, the General Assembly or the
Board committees are elected. - The members of the board are generally volunteers. By resolution of the
General Meeting, the members of the Board of Directors can be granted lump-sum expense allowances
The tax and duty regulations must be observed. The reimbursement
Expenses against receipt or proven travel costs remain unaffected. - The Board of Directors decides by a majority of the valid votes cast. The Board of Directors is
quorum if half of the members according to 6.1, including the 1st or 2nd chairperson, are present - If a declaration of intent is to be made to the association, it must be made in writing.
It is sufficient to submit it to a member of the board. - The board takes care of all club matters that are not the responsibility of the
are expressly reserved for the general meeting.
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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
7.7 Minutes must be taken of all Board meetings and confirmed at the next meeting.
8 General Meeting
8.1 Each member has a seat and a vote in the General Meeting.
In case of impediment, a legally competent representative by written power of attorney
be transferred.
8.1.2(§34BGB)
A member is not entitled to vote if the resolution involves the conclusion of a legal transaction with
him or the initiation or completion
a legal dispute between him and the club
8.2 The General Meeting decides on the affairs of the Association insofar as they are reserved to it
For the resolution to be valid, it is necessary that the subject of the meeting is specified or
has been placed on the agenda in accordance with paragraph 9.4.
- Convening and task of the general meeting
- The general meeting takes place at least once a year. Further general meetings
are appointed by the Board as needed or upon written request of at least one tenth of the members
The request must be justified. The board must convene a general meeting
if the auditors request it. - Invitations must be made in writing at least two weeks in advance.
The agenda must be announced when the meeting is called. Any proposed amendments to the statutes must be announced, stating the subject matter.
9.3 The task of the General Meeting is:
- To receive business, financial and audit reports.
- to discharge the Board of Directors.
- to elect the board members, assessors and auditors
- to decide on changes to the statutes
- To determine contributions, levies and payment dates.
- to decide on the joint work and its replacement services.
- to approve the budget estimate,
h) to process other applications. - i) To appoint honorary members.
9.4 Applications must be submitted in writing to the Board at least one week before the General Meeting.
Late applications must be submitted by the
Support of one third of the members present, except for motions whose
Decisions require a qualified majority.
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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
The duly convened general meeting shall be valid regardless of the number of
members present were quorate.
- Unless a qualified majority is required, decisions are taken by simple majority.
majority. Abstention is deemed a non-vote. In the event of a tie,
shall be deemed a rejection, except in elections. In the event of a tie, a runoff election shall be held. If this election also fails to produce a majority, the ballot shall be drawn by lot. The chairperson or his/her representative shall draw. Qualified majorities are required.
- for changes to the statutes - three quarters of the members present
- When deciding on the dissolution of the association - three quarters of the members present
- When deciding on the early dismissal of members of the Board of Directors, two thirds of those present
Members
- To document the resolutions, a record must be made of each meeting, which must be signed by the
The minutes must be signed by the chairperson of the meeting and the secretary.
to be approved by the general meeting. - Even without a meeting of the members, a resolution is valid if the majority of the members
has declared his consent to the resolution in writing. - Decisions made in accordance with the statutes are binding for all members.
- Cash registers and accounting
10.1 Before the start of each fiscal year, the Board of Directors must prepare a budget estimate in which all expenses must be covered by expected income. Reserves may be used. This estimate is provisional until confirmed or amended by the General Meeting. Excess and unscheduled expenditures, unless they can be covered by savings elsewhere or increased income, require the approval of the General Meeting. Any surpluses generated during the fiscal year must be used exclusively for charitable purposes.
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Statutes allotment association “Sleeping Beauty” eV Lehrte from 1920
10.2 Two auditors and one deputy are elected annually by the general meeting. They may not be members of the board. Re-election is permitted. The auditors, or in the event of the auditor's absence or the deputy auditor's absence, shall audit the association's books of account and receipts as required, but at least every six months, without prior notice. The auditors must also audit the annual financial statements and the financial report. Minutes of each audit must be prepared, which must be signed by the auditors and the treasurer. A report on the audit must be submitted to the board and the general meeting.
- ÄChange of purposeösolution
- The change of the purpose of the association or its dissolution can only be effected in an extraordinary
The general meeting of members, which is specially convened for this purpose, may decide on this matter. - In the event of dissolution or annulment of the association or if its previous purpose ceases to exist
the assets of the association
to the district association of the Kleinggardeners Lehrte eV
which it directly and exclusively to create new allotment gardens and to preserve old allotment gardens.
11.3 Resolutions that change the purpose of the association or, in the case of dissolution,
may only be carried out after the tax office has given its consent
become.
- StatutesäChange
The Board of Directors is authorized to independently make any restrictions or additions to these Articles of Association required by the Registry Court, provided they are immaterial, particularly of an editorial nature.
These statutes were adopted and approved at the general meeting on February 11, 2012.