Our Governing Document states that:
…. if in any year an AGM shall not be convened and held in the month of June the AGM for that year shall be held as soon as practicable after the month of June.
Since the previous AGM in November 2014 the committee has struggled with agreeing a recommended way forward for what has become a very challenging problem.
Given the schisms in both the community and the committee we sought help from the Charity Commission in the good management of the Charity and advice from a lawyer who specialises in Charity Commission work.
The lawyer stated that the Charity has been in breach of its objectives since the hall first became unusable over 20 years ago because the trustees have not managed the hall for residents to use nor provided the alternative benefits which the Governing Document allows for. He therefore advised that selling the land to enable the release of alternative benefits was a priority task to comply with the objectives of the Charity. Further that if residents did not agree to sell the land the Charity would effectively become ungovernable because the trustees would be unable to take action to correct the breach of duty. In that case the Charity Commission would advise on what action should be taken.
We are currently seeking further help from the Charity Commission and the lawyer.
The committee and the community have suffered from ill-founded rumour in the past and the trustees want to be sure that any information given is both correct and legal.
We feel that although this is delaying the AGM it is in the best interests of the Charity to resolve the outstanding issues before moving forward.