An anonymised association and OÜ Analan Auto: dismissal was set aside and the case remitted

The circuit court set aside dismissal of the maintenance and service-charge claim. The association must prove the costs and their allocation; the case was remitted without an award.

An association whose name is concealed in the source sought maintenance charges, utility payments and late-payment interest from OÜ Analan Auto. The claim was increased to 29 595 kroons. The association relied on a maintenance contract. The company disputed the services, calculation and interest, and referred to sewer problems. The county court dismissed the claim because the invoices did not establish what was payable or how much. The circuit court set aside the judgment in full and remitted the case; it did not award the amount claimed. A non-residential owner’s obligation to contribute to necessary management costs arises from statute, not solely from a maintenance contract. The association must nevertheless prove the costs’ composition, quantity, price and amount, and equal allocation principles for other owners. The contract and invoices did not themselves establish this. However, an invoice to an owner does not inherently have to satisfy every requirement for an accounting source document. The court directed use of the statutory late-payment rate. Material facts had not been established. The fresh proceedings must clarify the claim and evidence and allow the defendant to respond. The sewer materials were considered irrelevant to deciding this claim; the system is common property. The court did not establish that it was in proper condition or decide a separate damages claim. Costs remained for the county court.

The county court judgment of 18 December 2009 was set aside in full and the case remitted to the same county court. The 29 595 kroons claimed were not awarded by this judgment. Costs were left for the fresh proceedings.