Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

A. Puškini tn 65: court approved agreement with city on board decisions

Viru Maakohus · First instance

Apartment association meetings and decisionsApartment association board and managementElection and replacement of the board

A. Puškini tn 65: court approved agreement with city on board decisions

Ruling · Viru Maakohus · First instance

Narva linn · SA Narva Linnaelamu · Narva linn, A. Puškini tn 65 korteriühistu · · · 80183173

Entry into force has not been reverified

Participants and roles: applicant – Narva linn through SA Narva Linnaelamu; interested person – Narva linn, A. Puškini tn 65 korteriühistu; representatives and persons affected by the elections XX

How it started · editorial summary

The association accepted invalidity of the board composition decision and nullity of the chair’s election. The court approved an agreement with the city rather than deciding the initial arguments in a separate judgment.

The dispute and the court’s decision

Narva linn and the apartment association Narva linn, A. Puškini tn 65 settled their dispute about election of the board at the meeting of 11 August 2020. The court approved the agreement and ended the case, retaining the right of appeal. The city applied through SA Narva Linnaelamu and challenged decisions on board composition and the chair. The ruling does not set out detailed initial arguments or objections. Under the agreement, the association recognised as invalid the decision electing the board’s composition and removing other persons from it. Separately, it recognised the chair’s election as void, meaning without legal effect from adoption. These are agreed terms approved by the court; the ruling contains no independent detailed analysis of the grounds for invalidity. The association undertook to reimburse SA Narva Linnaelamu 25 euros in court fees within 10 days after the ruling becomes final. A further 300 euros in city costs was payable under the agreement no later than 28 February 2022, although the ruling itself is dated 3 March 2022. The source does not report whether that payment was made. Participants bear expenses not covered by the agreement themselves. The court checked the settlement’s permissibility and enforceability and approved it. A partial fee refund from the state budget was left to a separate decision. It rejected the parties’ request to exclude appeals, considering that arrangement impermissible in the procedure used. The agreed obligation to reimburse costs does not establish actual payment.

Outcome of this decision

Approve the agreement on invalidity of the board composition election of 11.08.2020 and nullity of chair XX’s election. The association reimburses 25 euros in court fees within 10 days after finality and 300 euros in city costs by the agreed deadline of 28.02.2022. Terminate proceedings. Leave other costs with the participants and decide the fee refund separately. Refuse exclusion of appeals.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-20-14865.

Acts in this case