1. Name and seat of the association
The association is called: Mieter helfen Mietern, Hamburger Mieterverein e.V.
Its headquarters are in Hamburg.
2. Purpose of the association
The purpose of the association is to advise and protect consumers, in particular, to advise and protect tenants. The association sees itself, among other things, as a tenant self-organisation, which is obligated to all affected tenants and works closely with Hamburg's tenant and district initiatives. Mieter helfen Mieter (Tenants help tenants) is committed to the interests of tenants and to the realisation of a social housing industry geared to the needs of tenants. It is independent of political parties.
The purpose of the statutes is realised in particular through free legal advice for members as well as events in the form of courses and seminars in the area of professional training and further education on topics relating to housing and tenancy law. In order to fulfil its tasks, the Association may take all measures, including those of an economic nature, which appear necessary for this purpose. The Association may also participate in other companies in order to pursue its purposes.
3. Non-profit status
The association exclusively and directly pursues charitable purposes in the sense of the section "tax-privileged purposes" of the German Fiscal Code. The association is selflessly active; it does not primarily pursue its own economic purposes. Funds of the Association may only be used for the purposes set out in the Statutes. Members shall not receive any allowances from the Association's funds. No person may be favoured by expenses that are alien to the purpose of the Association or by disproportionately high remuneration.
4. Membership - Accession/termination
Admission to the Association is made by written application for admission or by application for admission via the Association's website and acceptance by the management. The minimum duration of ordinary membership is twelve months. Termination is possible in writing with two months' notice to the end of a calendar year, subject to the minimum duration of the membership. In addition to ordinary membership, sponsoring memberships and special memberships are also possible, the details of which are the responsibility of the executive board. Sponsoring and special memberships may be structured differently from ordinary membership in terms of scope of services, duration, and membership fees. All members enjoy full membership rights.
Within the framework of membership administration, the following personal data is collected, processed, and used by members: Surname, first name, date of birth, address, contact details (telephone and e-mail address), bank details, and date of joining. The association passes on data (surname, address, gender, date of birth, and date of joining the legal expenses insurance) of members insured against legal costs to the legal expenses insurance company. The collection, processing, use of further data and information on the members by the Association or their transfer to the legal expenses insurance company is only carried out if and insofar as this is necessary for the exercise of the Association's statutory activities.
The amount of the ordinary membership fee shall be determined by the General Assembly. The membership fee must be paid in advance; a SEPA direct debit mandate must be issued together with the application for admission. The association is authorized to charge an admission fee; the board of directors decides the amount of the admission fee.
6. Organs of the association
The organs of the association are the general assembly, the board of directors, and the management.
7. General Assembly
The Plenary Assembly (VV) should take place at least once a year. It shall be convened by the Executive Board, with notification of the agenda and the motions on hand, with at least four weeks' notice by invitation of the members via the Association's newspaper. The Association's newspaper shall be sent by post or - if the member has agreed in writing or by e-mail - by e-mail. The invitation shall be deemed to have been delivered when the association newspaper has been sent to the last known postal address or e-mail address. In important cases, an additional general meeting can be convened in the same way by the board or by 200 of the members.
Tasks of the general assembly are in particular: the determination of the basic political goals and the way they are to be achieved; resolutions on the annual reports, discharge of the board, the election of the board, fixing of contributions, amendments to the statutes or dissolution of the association.
Provided that it has been convened in due time and form, the General Assembly has a quorum, regardless of the number of members present. It decides with a simple majority of the votes cast. Resolutions on amendments to the statutes require a majority of 2/3 of the votes cast. Minutes are taken of the General Assembly, which are to be signed by the keeper of the minutes and a spokesperson for the Board.
8. Board of directors
The Board is elected by the VV with a simple majority of the votes cast. It sees itself as a collegial body that meets in public. The meetings are public for members, except for personnel matters. With the consent of the board of directors, non-members may participate in meetings or in individual items on the agenda.
It shall consist of at least three members who are not at the same time full-time employees of the Association. The executive board is active on a voluntary basis. The VV elects three spokespersons for the board of management, each of whom is authorised to represent the association in accordance with § 26 BGB. The board is elected annually by the VV and remains in office until new elections are held.
The board is entitled to delegate the day-to-day business of the Association to a salaried managing director. It is entitled to appoint the managing director by resolution as a special representative in accordance with § 30 BGB and is obliged to register the special representative with the register of associations. The power of representation of the board members is not restricted by this. He/she is entitled to dismiss the managing director. He/she is entitled to grant powers of attorney for the execution of current business. The executive board represents the association towards the management.
Members of the board can be voted out of the office at any time with a simple majority of the votes cast by the AMC. The executive board implements the political decisions of the VV and represents the Association in public; it conducts the Association's business, insofar as this is not the responsibility of the VV. The Executive Board shall adopt its own rules of procedure. The liability of the Executive Board towards the Association and towards the members is limited to deliberate and grossly negligent behaviour. The members of the executive board shall be granted a lump sum for honorary work in the sense of § 3 No. 26 a EStG.
The managing director is responsible for the management of the current business of the association and the internal organisation of the association's activities. The exact form of the organisation is determined by a written contract, a description of activities, and instructions of the board. The liability of the management towards the association is limited to intentional and grossly negligent behaviour.
Exclusion from the Tenants' Association is possible if the member is six months in arrears with the payment of fees despite two reminders. The association retains the right to claim arrears of contributions.
The board may expel a member if his conduct is incompatible with the purposes and objectives of the Association or if he damages the reputation and interests of the Association. The exclusion must be notified to the member in writing, stating the reasons. The member concerned must be given the opportunity to make an oral or written statement to the executive board before the decision on exclusion is taken, setting a reasonable deadline.
11. Financial year and place of jurisdiction
The financial year is the calendar year. The place of performance and jurisdiction of the association is Hamburg.
12. Dissolution of the association
The dissolution of the association can only be decided if at least 2/3 of the members are present and 3/4 of those present decide to dissolve the association. If no necessary majority is reached at the first meeting, the association can be dissolved with a simple majority of the members present after a second invitation. In the event of dissolution of the Association or, if tax-privileged purposes cease to apply, the assets of the Association shall be transferred to a legal person under public law or to another tax-privileged body for the purpose of using them for the provision of advice and protection of consumers, in particular tenant advice and tenant protection.