Announcement of the Trifyllion Foundation of Kytheria

In the last period of time and on the occasion of the issue of the utilization of the real estate donated to the Foundation by the former Kytheria Building Cooperative «Panagia Myrtidiotissa» in Alimos, there was much talk about the Trifyllion and some compatriots expressed negative views about it and made vague and unfounded accusations of mismanagement of its property, while others expressed ignorance and asked for information about the Foundation, how it operates and how it manages its property.

We believed that, after sixty-eight (68) years of the Foundation's operation, everyone knows, or should know, why they live it, how much it has contributed all these years to our Island and its inhabitants. All the more so that, from time to time, there have been relevant publications and events and speeches have been held, both on our island and in Athens, and the financial data of the Foundation (balance sheets, budgets, financial results) are regularly published in the local press.

Nevertheless, the Board of Directors of the Trifyllion Foundation of Kytheria, considered it its duty to communicate, once again, with the present to the Kytherians everywhere and to inform them responsibly about nature, the operation and finances of the Foundation as well as regarding the disputed donation of the former Kytherian Building Cooperative ’Panagia Myrtidiotissa« in order to stop misinformation and dispel any misunderstandings that may have been created.

WHAT IS TRIFYLLION, HOW & BY WHOM IT WAS CREATED & HOW IT IS MANAGED

Α. The Foundation with the name «TRIFILLIO FOUNDATION OF CYTHERIA», which formerly bore the name «TRIFILLIO HOSPITAL OF CYTHERIA» and which will be referred to as «the Foundation» for the sake of brevity), is a legal entity under private law, which has the legal form of a Foundation, [therefore it is an association of property (and not an association of persons, as is the case with associations and other NPOs), intended to serve a public benefit purpose, in this case mainly the operation of the Kythera Nursing Home], which is governed by the provisions of Articles 108 et seq. of the Civil Code and the (very strict) provisions of Law No. 4182/2013, and operates in accordance with its Statute (Decree of 4/5/2023 - Government Gazette B 2956/2023) and is under the continuous strict supervision of the Ministry of Finance or the Decentralized Administration, as the case may be.

Β. It was established in 1956 and replaced, according to the express wish of the Great Benefactor of Kythera, Nikolaos I. Trifyllis, the Eraniki Committee, which had been established in 1952 by prominent Kythirians of Athens and Piraeus, for the purpose of building a hospital and paving the main road of Kythera.

Γ. It is governed, according to the will of the founders and its Statute, by an elected Board of Directors for a five-year term of office, which is elected by an electoral body, consisting of the members of the Boards of Directors: 1. of the Kytheraic Association of Athens, 2. of the Kytheraic Brotherhood of Piraeus-Athens and 3. of the outgoing Board of Directors of the Foundation. Previously, only reputable Kytherians who were permanent residents of Athens or Piraeus could be members of the Board of Directors, while today, after the recent amendment of the Foundation's Statute, permanent residents of Kythera can also be elected.

THE AIMS OF THE FOUNDATION

Initially, the main purpose of the Foundation was the operation of the Trifyllion Hospital in Kythera, in the building that had already been built by the Eranic Committee, but which later became a state hospital. Later it became the recipient of a donation from the Brothers George Gr. The Foundation was later entrusted with the implementation of their vision for the reconstruction and operation of a Nursing Home in Potamos Kythera, which was inaugurated in 1975 and has been operating continuously ever since. In fact, in 1983, a wing for inmates was added. We note that in the Nursing Home since its establishment to date, seven hundred and thirty-seven (737) elderly compatriots have found care and affection, and that today fifty-two (52) Kytherians are being cared for in it.

In addition, because the Nursing Home provides permanent employment to a total of twenty-three (23) permanent residents of Kythera and most of the necessary supplies are provided by local businesses, one realizes that the Foundation contributes significantly to the strengthening of the economy of our island.

THE PROPERTY OF THE INSTITUTION

Apart from the estate of the late Nicholas I. Trifyllis, many other compatriots left their assets to the Foundation, mainly for the financial support of the operation of the Home for the Elderly.

The Foundation's assets are divided into three chapters of independent management:

Α. The property owned exclusively by the Foundation, which includes the property in Brisbane, Australia, consisting of nineteen (19) properties (apartments, offices, shops and detached buildings).

Β. The property occupied by the Foundation for the needs of the Nursing Home, consisting of sixty-nine (69) properties (apartments, offices, shops and independent buildings); and

Γ. The property that was donated to the Foundation by the former Kytheria Building Cooperative «Panagia Myrtidiotissa», property which, so far, not only does not generate income, but on the contrary, the Foundation has been charged for it, to date, the total amount of five hundred and sixteen thousand three hundred and nine and 0.48 (516.309,48) euros (for ENFIA, fees, cleaning of plots, fencing of unfinished building, revision of license, lawyer's fees, etc.).

These properties are undoubtedly many in number. However, those who confine themselves to this alone and draw conclusions from this fact about mismanagement of the Foundation's property in general, do not take into account that these properties:

1. The vast majority of them are way back. We note that the newest of the properties belonging to the first category was built in 1983. That is, the age of the newest of these is over forty (40) years old. The same is true of the properties donated for the needs of the Nursing Home. Of these, only ten (10) were erected within the last forty (40) years and the newest of these was erected sixteen (16) years ago.

2. Obviously, because of their age, all require significant expenditure for their basic maintenance.
3. Many of them are very small and located in deprived areas. This is especially true of the properties donated for the needs of the Nursing Home. In fact, we note that, in the year 2023, the following were collected: a) from the 18 properties in Greece that belong to the Foundation as described above, rents totalling 553,204.32 euros, and b) from the 69 properties of the Home for the Elderly, rents totalling only 136,256.54 euros.
4. For several of them there is the term of indefectible (i.e. their sale is prohibited).
5. Despite continuous efforts, several remain unoccupied for a considerable period of time, but the Foundation, although it does not receive any income from these properties, is obliged to pay common charges, ENFIA and taxes and
6. The process of their exploitation, i.e. lease, sale, where permitted, or consideration, shall be made by public tender and after approval by the Supervisory Authority, where appropriate.

REVENUE-EXTRA

The Foundation's income and expenses are detailed in the annual balance sheets, which are audited both by chartered accountants and by the supervisory authorities and, as already mentioned, are published in the local press.

It is therefore not possible to give a detailed account here, as they are accessible to all interested parties.

Indicatively, however, we note that:

1. For ENFIA for the year 2023 a total amount of 185.005.44 euros was paid.
2. For income tax 2022 (paid in 2023) a total amount of 61,015.94 euros was paid.
3. No government funding has been received to date for the operation of the Nursing Home.
4. The average monthly cost of hospitalization alone per inmate for the year 2023 amounted to 998.35 euros, while the corresponding food contribution was 589.35 euros.

ECONOMIC & HEALTH CRISIS

We limit ourselves to mentioning, because some people, intentionally or unintentionally oppose it, that our Foundation, with the commendable support and solidarity of all its employees, our Nursing Home managed to overcome both of the above crises unscathed, when other related institutions were closing entire wards because of the former or counting many food losses because of the latter.

THE NEEDS OF THE NURSING HOME

Despite continuous efforts for the proper operation of the Nursing Home, its needs remain many, mainly due to the lack of qualified staff, but also due to the age of its buildings.

The building is already fifty years old and its needs are many. Thanks to the generosity of important compatriots, the renovation of the food reception-refreshment area (donor G. Hadjiplis), replacement of the railings and partial replacement of the windows (donor P. Tzannes) and thermo-proofing of the whole building and radical building and mechanical renovation of the kitchen (donor «Panagia Myrtidiotissa LTD» with the initiative and care of its director John Kallinicos). Funding has been secured for the first stage (eight (8) rooms will be renovated) and funds are being sought for the renovation of the rest.

THE CONDITIONAL DONATION OF THE PROPERTY IN ALIMOS THAT TRIGGERED THE WAR ON THE INSTITUTION

Regarding the issue of the fate of the above donation, in order to remove any misunderstanding, once again we mention the exact actual and legal status of the donation, from its establishment in 2004 until today. In particular:

• In 2004 the Foundation acquired a plot of land, with a total surface area of 3,431.50 m², which is located in Alimos, Attica, in the area of Kythiria, together with five other smaller plots of land, due to a donation, from the OIKODOMIKO COMPANY OF KYTHIRIA - PANAGIA MYRTIDIOTISSA (hereinafter referred to as the Partnership), in the manner of completing the unfinished building within it, part of which was intended to become the Cultural Centre of Kytheria of Alimos, with proceeds exclusively from the sale of the smaller plots of land, as indicated by the supervisory authority.
• Until the end of 2011, the execution of the way, i.e. the completion of the Spiritual Centre, was legally impossible, because a lawsuit had been filed and was pending, among others, by Stylianos Megalokonomou against the Cooperative and the Foundation for the recognition of the invalidity of the donation contract, which was finally rejected irrevocably at the end of 2011. However, in the meantime, the economic crisis arose, from which, in addition to the legal crisis, there was also a real and substantial impossibility of carrying out the way, since, on the one hand, the values of the properties were completely devalued and, on the other hand, the foundations, without exception, were placed under a full taxation regime. Therefore, as a result of the multi-year economic crisis, the possibility of utilization of the property in question was further suspended, burdening the Foundation with all the exorbitant costs (mainly ENFIA and other taxes and fees) throughout the period. However, during this period, the two parties (Foundation and the Association), initially in December 2009, agreed and proceeded to a notarized five-year extension of the contract of donation and the way and, subsequently, in order to exploit the property, based on the new economic and legal data, in the most appropriate and suitable way, following successive negotiations that began in 2013 with the participation of representatives of both parties (some of whom were members of the management of both legal entities), the drafting of a specific framework of agreement and the adoption of the necessary resolutions by their statutory bodies, they concluded in October 2015 with the signing of a notarised amendment to the manner of donation, which, for the information of all interested parties, was summarised as follows:

The Foundation, by accepting the donation of the property and the unfinished concrete building within it, undertakes not to transfer to any third party (natural or legal) the ownership of the property. The prohibition of this condition expressly excludes the case of the exploitation of the above property (the building block No 264) under the system of consideration. In this case, the transfer of the agreed percentage of ownership of the property to the then contractor (contractor, company, etc.) is permitted. The Foundation, in the context of fulfilling its permanent public benefit purpose, may henceforth, subject to the above condition, exploit and use, in any appropriate way (including the system of consideration), the aforementioned property., provided that when the building complex is completed, an independent part of the building (up to 150 sq.m.), which will constitute the spiritual centre called «SPIRITUAL CENTER OF KITHIRIÓN», will be granted free of charge to the Cooperative for use, and will also house the office (a two-room office) of the Cooperative (and the Exotic Association). The room of the spiritual centre will be preferably allocated to the «PANAGIA MYRTIDIODIOTISSA» and the other Kytherian Organizations of Alimos free of charge. It will also be provided to organizations of Kytherians everywhere, as well as to other residents of the area at a reasonable charge.

• In 2019 the automatic dissolution of the Building Association was judicially recognised (now irrevocable).
• In the same year (2019) the Municipality of Alimos, through its current Mayor, expressed interest in the development of the property in cooperation with the Foundation. To this end, meetings of representatives of the two parties and exchange of correspondence took place, which lasted for about two years and which resulted in the common conclusion that the property could only be developed through the system of consideration. The exploitation of the property, however, under the strict regulatory framework in force, was subject to the holding of a bidding procedure, with the most advantageous conditions for the interests of the Foundation and always with the knowledge and approval of the supervising authority, namely the Directorate of Endowments of the Ministry of Finance, a condition which was accepted by all.
• In view of the above, in the year 2022, the Foundation proceeded to conduct a bidding procedure, the terms of which were proposed, checked, corrected and finally approved by the Supervisory Authority, in which the Municipality of Alimos and the company DAKON SA participated by submitting legal bids and, following the evaluation of the two bids, finally, under the approval of the above Supervisory Authority, the company DAKON SA was the highest bidder, whose bid was much higher than the bid of the Municipality of Alimos. (Regarding the details of both offers, a detailed information note was issued on 15 January 2024 by our Foundation, which was posted on the Foundation's website and to which, to avoid repetition, we refer). Explicit condition of the above bidding was that it would fully ensure that the way, as it is currently,

• In November 2023, following the aforementioned procedure of the bidding procedure, after repeated suggestions and under the guidance and supervision of the Technical Service of the Ministry of Finance and the issuance of the A.P. 72921 EX 2023, on the approval of the result of the bidding procedure, the «Preliminary agreement for the transfer of undivided shares and the contractor's contract (Contractor's Contract)» No. 18.917/10-11-2023, signed between the Foundation and the company DAKON SA, was signed by the Notary Public of Athens Kyriakoulis P. Prastakos, which provides for the development of the property in question in full respect of the terms of the tender, the terms of the donation in a manner, the applicable planning and general legislation and, of course, the prevailing residential conditions and the character of the area.

• Finally, by the 138/2023 Act of the ATHENS ATHENS ATTIKES CITY COUNCIL OF THE MINISTRY OF THE ENVIRONMENT AND ENERGY, the objection lodged by our Foundation was upheld and thus the restriction of the use of the aforementioned property of the Foundation (only this property) as a welfare use was avoided (and by interpretation cultural), a restriction that was already planned from 2019 by the Municipality of Alimos (the Municipality even participated in the aforementioned competition, without expressing any disagreement or objection to the use of the property as a general residence and concealing that it was seeking the above restriction of use, which, if successful, would have resulted in the cancellation of the exploitation of the property, as agreed with the bidding company DAKON A.Therefore, the use of the property remains general residential, so that the ongoing project can be completed soon (within three years at the latest) and in time, in the interest of all parties concerned.

Finally, we wish to assure the people of Kytheria that, in spite of the acute attack that the Foundation received on the occasion of the effort to implement the above donation and the unabashed and largely insulting expressions that were uttered in this context, we continue, unwaveringly and despite the adverse conditions, to serve the Foundation with all our strength, within the framework of the law and the legal and moral commitments we have undertaken, honoring the memory and will of the dozens of benefactors and donors who have dedicated their property to achieve its objectives and striving for the continuous improvement of the living conditions of our Nursing Home's residents and for the progress of our Island in general.

THE BOARD OF DIRECTORS OF THE CLOVERLEAF FOUNDATION OF KYTHIRA

SOURCE

While the present announcement was already at the printer's for printing, we were informed that the Financial Committee of the Municipality of Alimos decided on 2-4-2024 to assign a lawyer to file a lawsuit against the Foundation before the Athens Court of First Instance, with the purpose of recognizing the invalidity of the contract of modification of the donation. In our judgment, that action, if it is finally brought, will not succeed, firstly because the Municipality of Alimos is not entitled to bring the above action and secondly because, in any event, the contract is in every respect legal and valid. It will, however, have the consequence for many years to remain the above property in the sad state it is in today to the detriment of both the Foundation and the residents of the area.