29. FOICA vs. “Hamalsaranakanner” (“Universitiers”) Condominium
On June 13, 2011 the FOICA sent written information requests to the head of “Hamalsaranakanner” condominium Armen Tadevosyan, requesting the following information:
1. When and where was a publication made on the meeting of “Hamalsaranakanner” condominium, during which the amounts of service fees were approved for Tsarav Aghbyur street 55/5 building?
2. When and where did the abovementioned meeting of the Condominium take place and how many members of the Condominium did participate in that meeting?
3. Please, provide a copy of the report of the Condominium session, during which the volume of service fees were defined for Tsarav Aghbyur 55/5 building.
4. Please, also provide a copy of the Condominium decision, which defines the amounts of service fees for Tsarav Aghbyur 55/5 building.
5. What are the bases for service costs, according to which the amounts of the abovementioned fees were defined? Please, provide the calculated monetary amounts for each service separately, together with their appropriate bases.
6. Please, provide copies of the contracts signed between the Condominium and private companies or individuals for the Tsarav Aghbyur 55/5 building’s garbage cleaning, cleaning of the building’s entrance and adjunct areas, external illumination, illumination of staircases and corridors, elevator maintenance and other services.
7. Please, provide the 2011 budget of “Hamalsaranakanner” condominium.
However, the FOICA’s information requests were left unanswered. Freedom of Information Center of Armenia took it to court demanding that “Hamalsaranakanner” condominium be obliged to provide the requested information within five days. The FOICA also demands that the Condominium be obliged to publish the requested information in a publicly accessible place.
On December 8, 2011 in the First Instance Courts of General Jurisdiction of the Center and Nork-Marash administrative districts of Yerevan (head judge-A. Melkumyan) a court hearing on the FOICA’s claim against “Hamalsaranakanner” condominium was held. The representative of the condominium was absent. Therefor, the court hearing was postponed.
The second court hearing, which took place on 23 January, 2012, was also postponed.
The third court hearing took place on February 28, 2012. The representative of the condominium was absent again. Thus, the court hearing was postponed and took place on Aprli 22, 2012, but was also postponed as the respondent does not come to the court again. The court hearing of May 25, 2012, was also postponed. The next court hearing took place on June 28, 2012, which was also postponed, because the representative of the condominium was absent again. The representative of the condominium didn't come to the court hearing dated on July 24, 2012. It was impossible to find head of “Hamalsaranakanner” condominium Armen Tadevosyan either through the administrative district, or through the court. Thus, on July 24, 2012, the court case was banned in an indefinite period, until it will be possible to find Mr. Armen Tadevosyan. On January 8, 2013, the Court decided to resume the court case. The court hearing took place on January 31, 2013. The court published its decision on February 14, 2013.