Birmingham to oppose sale of TCH building

By David Hohendorf

It appears that the proposed sale of The Community House (TCH) building at 380 Bates Street in downtown Birmingham will be challenged by the City of Birmingham, following a closed session of the city commission on Monday, November 17.

The Community House on November 3 had announced plans to evolve into the Birmingham Area Community Foundation to carry on the original nonprofit mission of the community group, and the closure and sale of its iconic building in the city effective July 1 of 2026. The new foundation would provide grants and mentoring to nonprofits within a 10-mile radius of Birmingham, along with scholarships to students.

In terms of the current building for The Community House, officials said the Early Childhood Center will complete its current session, which concludes in May 2026, and events scheduled now through June 30 of next year will continue. The new owner of the building will take over the facility at that time. 

The announcement by TCH board President Camille Jayne and Alison Gaudreau, President of The Community House Association, drew considerable concern in the Birmingham community.

There have also been questions raised by those opposed to the proposed sale who cite the original intent of the trust creating what has become to be known as The Community House and deed restrictions for the land and building.

Although what exactly transpires in a closed executive session of the city commission is generally not shared with the public, at the end of the closed meeting last night the commission did share its intent to oppose sale of the building.

Mayor Clinton Baller issued the following statement before the city commission meeting was adjourned:

“We just returned from a closed session in which we discussed attorney/client privileged information. I'd like to make a statement.


The Community House recently announced plans to sell its building. This was a shock to the community, and many legitimately asked: Can they do that? The answer may be found in the original and subsequent deeds to the property — as well as other documents — that seem to suggest no, they can't.


The Community House, in the opinion of this commission, is a public trust. Its value cannot and must not be measured in dollars.

The land and building were donated to serve the community. Birmingham residents, who for generations have put their hearts and souls into that building, do not want to see it fall into private hands. And this commission will use each and every available means to see to it that it remains a community asset, used for the purposes for which it was donated.”

The issue of deed restrictions has been at the center of debate for the past couple of weeks. In the original and updated ownership documents, certain restrictions were placed on the building, which included the following:

“WHEREAS it is the desire of the Donors that the said property and the building to be erected thereon and any and all future buildings erected thereon by the Settlor [The Association] shall be used only for the purposes or purposes set forth in its Articles of Association, and that in the event of the dissolution of the said corporation following the abandonment for any reason of the purpose or purposes for which it was formed, then all of the said land and the improvements thereon be quit claimed and conveyed to a charitable, benevolent or educational organization in the said Village of Birmingham, now existing or organized in the future to be selected by the Trustees herein or their duly elected or appointed successors or leased by them for a nominal rental to the said Village of Birmingham or its successor municipality to be used by it for a community center for the benefit of the public,…”

TCF officials say that they are not dissolving The Community House Association but are now creating the community foundation to carry out the original mission of the nonprofit’s founders. By not dissolving The Community House Association, there is a question of whether the building and land are required to be donated to a nonprofit or leased at a nominal rate to the city.

Although details of how the city will be challenging a sale of the building were not shared publicly, legal counsel for the city has been working on the issue for the past couple of weeks.