Puškini tn. 12: unspecified claims to set aside decisions and obtain documents not accepted for proceedings

After being required to remedy deficiencies in the claim, claimant XX submitted a new text, but the specific decisions challenged and the separate claims remained unclear.

Claimant XX brought a claim against the apartment association Puškini tn. 12 challenging decisions and charges for maintenance, rent, advertising and waste collection. The claimant also asked the court to obtain documents so that further claims could then be formulated. The court required the deficiencies in the claim to be remedied by clarifying its subject matter, grounds and evidence. A revised claim was submitted, but it did not identify the specific decisions, meeting dates or circumstances showing an infringement of rights. The court noted that several claims could be joined, but each had to be expressed clearly. A request for documents has a separate subject matter and does not replace the need to formulate claims seeking to set aside decisions. By its order of 9 July 2010, the court refused to accept the application for proceedings because the deficiencies had not been remedied. Costs were left to claimant XX; the documents were to be returned after the order entered into force. The court explained that a returned application is regarded as never having been filed or pending before the court. This act did not resolve the disputed charges or the validity of the general meeting’s decisions. The procedural refusal does not establish a debt or mean that the unspecified claims were examined and dismissed on their merits.

Refuse to accept the claim for proceedings against the apartment association Puškini tn. 12, send the order to claimant XX and leave the costs to the claimant. Return the claim and its attachments after the order enters into force.