To the Chairman and Members of The North Central Area Committee_ 12th July 2011 Re: Legal matters relating to the lease of the Kilbarrack Community Hall at Greendale. Following a discussion at the June Area meeting on the Kilbarrack Community Centre a number of queries were raised that are dealt with below: 1. Copies of the KADCA lease and articles of memorandum and association to be issued to members of the committee. The Memorandum and Articles of Association in respect of KADCA are attached. The Law Agent has advised that it will be necessary to seek the consent of KADCA before releasing a copy of the lease. A letter was sent to KADCAA requesting permission to release copies of the lease, however KADCAA objected to the release of the lease. A copy of the report to Council recommending the granting of the lease is attached for information. 2. Confirm that the rent was paid over the period that KADCA was struck off and if so by whom. Rental demands are sent to Kilbarrack and District Community Association c/o Stephen Reid (Chairperson), 13 Briarfield Villas, Kilbarrack, Dublin 5 and payments are receipted to the same account. Rent was paid continuously over the period in question and the account is up to date. 3. Advise as to whether or not the lease was ever vested in the Minister of Finance. Under the Companies Act once a company is struck off the property automatically vests in the Minister. However under the same act once the company is re-instated (in order to be re-instated a company has to petition the High Court) it is deemed to have continued in existence as if it was never struck off with the benefit of the lease from Dublin City Council. 4. Councillors have requested that we relook at the definition of community uses as per this case and confirm that there is no breach. The Law Agent advises that there is no definition of Community Use as such but generally it would be a use that was of benefit to the community and would exclude activity for profit. There is no formal definition of what constitutes community use in such leases, the general condition merely states that the land together with any premises be used for the purposes of a community centre. The definition in the context of Charities of a benefit to the Community includes (a) the advancement of community welfare including the relief of those in need by reason of youth, age ill-health or disability, (b) advancement of community development, (c) promotion of civic responsibility or voluntary work (d) promotion of health, (e) advancement of conflict resolution or reconciliation, (f) protection of the natural environment, (g) advancement of sustainability, (h) the advancement of environmental sustainability, (i) the advancement of the efficient and effective use of the property of charitable organisations, (j) the prevention or relief of suffering of animals, (k) the advancement of the arts, culture, heritage, or sciences, and (l) the integration of those who are disadvantaged, and the promotion of their full participation, in society. It should be noted that our Community staff have continued to meet with the newly formed residents group KFCRA and will continue to do so. The group KGFCRA have requested the use of the Hall for community use and we understand have been requested to forward copies of their insurances to facilitate such use. Céline Reilly Area Manager
Posted on: Tue, 06 Aug 2013 10:23:02 +0000
Trending Topics
Recently Viewed Topics
© 2015