Who is liable when something goes wrong at a club? The answer depends on whether you act as a board member or special representative, or work as an ordinary member. For board members, the German Civil Code (in German: Bürgerliches Gesetzbuch, BGB) contains an express limitation of liability that many volunteers should know before taking on a post.
Kurz beantwortet: Board members who act without pay are liable to the club under section 31a BGB only for intent or gross negligence. The same applies where remuneration is at most 3,300 euros a year (section 31a (1) BGB, retrieved November 2026). Association members without an organ function are covered by a parallel rule in section 31b BGB. Last updated: November 2026.
The most important points at a glance
- For board members and special representatives, section 31a BGB limits liability towards the club to intent and gross negligence.
- The limitation applies to unpaid activity and to remuneration below the statutory threshold.
- If third parties claim against board members, they may be able to demand release from the club.
- That release claim lapses where the damage was caused intentionally or through gross negligence.
- Association members without an organ function fall under section 31b BGB, with the same ceiling of 3,300 euros a year.
What does section 31a BGB actually regulate?
The provision concerns board members and special representatives of an association. On the wording, they only benefit if they work without pay or receive remuneration within a statutory ceiling. Section 31a (1) BGB names a figure of at most 3,300 euros a year. If it is disputed whether intent or gross negligence was involved, the statute places the burden of proof on the association or the member.
Within that framework, the persons concerned are liable to the association for damage arising from their duties only for intent or gross negligence. The same limitation applies towards members. The standard is therefore clearly stricter than ordinary negligence, which in daily life often leads to damages claims.
| Situation | Liability under section 31a BGB | What you should note |
|---|---|---|
| Unpaid board member causes damage through slight negligence | No liability towards the club | Document duties carefully |
| Unpaid board member causes damage through gross negligence | Liability towards the club possible | Such a case is judged individually |
| A third party sues a board member for damages | Release from the club possible unless intent or gross negligence | Report the damage and the claim early |
| Remuneration above the statutory threshold | The privilege lapses on the wording | Clarify the payment with a tax adviser |
The table outlines the basic lines of the provision but does not replace a check of the actual facts. Especially with remuneration and expense allowances, it is worth looking closely at what is actually paid.
What does gross negligence mean in club life?
Gross negligence exists where the usual care is violated to a particularly high degree and an obvious, simple error would have been avoidable. In club life it is rarely a single slip. It typically concerns plainly omitted checks, for example on contracts, payments or safety requirements.
Courts decide where the line falls in an individual case based on the facts. A guide can explain the logic but cannot give binding advice on a specific loss. Anyone in such a situation should seek legal advice early.
Is an ordinary member liable in the same way?
Not under section 31a BGB, but under a parallel provision. Section 31a BGB concerns board members and special representatives. Ordinary members and helpers without a board post do not fall under it. Section 31b BGB applies to them: anyone who works for the association without pay, or for remuneration of at most 3,300 euros a year, is liable to the association for damage caused while performing tasks under the articles only for intent or gross negligence. If such a member must pay damages to a third party, they can demand release from the association, except in cases of intent or gross negligence.
The question of who bears a loss therefore depends on the role. For accident insurance in voluntary work, other rules apply, which the guide Ehrenamt und Unfallschutz: Wer bei Unfällen im Verein zahlt (in German) covers.
What role does liability insurance play?
Liability insurance for the club or for volunteers can cover damage to third parties arising from club activities. It complements the statutory limitation but does not replace it. Whether the club has such insurance and which activities it covers is set out in the contract documents.
For board members it makes sense to clarify insurance cover early. Ask whether club liability insurance exists, who it covers and whether board activities are included. If the club has no such cover, the board should raise the issue at the members meeting.
Good organisation is the practical complement to the statutory limitation. Board members should keep decisions, payments and contracts traceable, for example through minutes of board meetings, a list of approved expenses and a clear allocation of responsibilities. In a dispute these records help show that the standard of care was met.
Frequently asked questions
Is a board member liable with private assets?
Under section 31a BGB, an unpaid board member is liable to the club only for intent or gross negligence. This protects against losses caused by slight mistakes. With intent or gross negligence, liability remains, and private assets can then be affected.
Does the limitation also apply to an expense allowance?
The provision names a ceiling for remuneration. An expense allowance must be assessed separately. Whether and how it falls within the ceiling depends on how the payments are structured in the individual case. Get advice before fixing the amount.
Must the club cover damage caused by its board member?
Under the release claim in section 31a (2) BGB, a board member can ask the club to be released from an obligation towards third parties. That claim lapses where the damage was caused intentionally or through gross negligence.
Is a member without a post protected automatically?
Not through section 31a BGB. Members without a board function fall under section 31b BGB, which uses a similar standard of liability. It covers tasks under the articles performed without pay or for pay up to the ceiling. Whether that fits your case depends on the facts.
What changes if I work for a voluntary service provider?
Voluntary services run through their own providers with their own contracts. Liability questions then follow the respective contract and provider. An overview of the services is in the guide FSJ oder Bundesfreiwilligendienst: Welcher Dienst zu dir passt (in German).
What to do now
- Read the articles of association and the description of roles to clarify whether you hold a board post or only help.
- Check whether the club has liability insurance and whether it includes board activities.
- Document important decisions and payments in writing so that the standard of care can be traced.
- If a loss occurs, report it to the club promptly and seek legal advice for larger sums.
Related reading
- Volunteering, voluntary services and engagement: the overview for students
- Ehrenamt und Unfallschutz: Wer bei Unfällen im Verein zahlt
- Engagement im Lebenslauf: So beschreibst du Ehrenamt richtig
- FSJ oder Bundesfreiwilligendienst: Welcher Dienst zu dir passt
- Absicherung im Studium: Haftpflicht, Hausrat, Unfallschutz (in German)
Sources: Section 31a BGB, liability of board members and special representatives (gesetze-im-internet.de, retrieved November 2026, in German); Section 31b BGB, liability of association members (gesetze-im-internet.de, retrieved November 2026, in German).
Last updated: November 2026. This guide is general information, not individual advice.
