Narva apartment associations Court decisions

Former board member XX filed the application on behalf of the deregistered association. The court examined whether it could be accepted after an order to remedy defects.

Former board member XX applied on behalf of the deregistered apartment association Puškini 2,2A,4 against the apartment association Narva Sõbralik (now – Narva linn, A. Puškini tn 2a korteriühistu). The applicant sought a declaration that a transaction was void, meaning it had no legal effect from the outset, supplementary liquidation, and restoration of the former liquidator’s powers. The court had previously required a clear statement of the claims and their grounds, a value for the claim, payment of the court fee, and information about the association’s undistributed assets. Instead of a properly completed application, explanations were submitted disputing the procedural order and describing meetings and liquidation. The court considered them unclear and found that the required defects had not been remedied and the fee had not been paid. By its order of 28 February 2012, it therefore refused to accept the application for proceedings and returned it with its attachments to the person who filed it, XX. Costs were also imposed on XX. The court did not decide the transaction or liquidation claims on their merits or find them unfounded. It explained that, following this return, the application was deemed never to have been filed or pending. Dates for the earlier order and its service conflict within the source; a reliable chronology for remedying the defects cannot be reconstructed from it.

Refuse to accept for proceedings former board member XX’s application filed on behalf of the apartment association Puškini 2,2A,4 against the apartment association Narva Sõbralik; return the application and attachments to the filer. XX must bear the costs. The alleged nullity of the transaction and supplementary liquidation were not decided on their merits.