Apartment association Soldina tn 2’s written voting decisions declared void for breach of articles

Applicant XX sought a finding of nullity of the apartment association Soldina tn 2’s decisions of 20.04.2022 adopted without convening a meeting.

Applicant XX sought a finding that Narva linn, Soldina tn 2 korteriühistu’s decisions were void, meaning without legal effect from adoption. They were recorded in minutes dated 20 April 2022 after written voting on 5–19 April. Owners received a ballot with 22 draft decisions and business activity documents. The minutes recorded positions from 110 participants and declared most drafts adopted. The applicant cited clause 6.14 of the articles: written decisions were equivalent to meeting decisions only if all association members participated. The association acknowledged the facts and agreed the application should be granted. The court nevertheless independently examined the articles, ballots and minutes. It found no question had been voted on by all members, breaching the articles’ procedure. It declared the decisions void on that basis. It separately explained that the applicant sought nullity, not setting aside: prior objection to the drafts was not a necessary prerequisite for such a request. Despite granting the application, each party retained its own costs. The court found no confirmation that the applicant had notified the association of nullity before applying, while the association admitted the requests immediately. It considered the dispute could have been settled without proceedings and awarded no participant reimbursement. The act concerns written voting procedure in this association; it contains no independent assessment of the business merits of each draft.

Grant the application and declare the owners’ decisions of 20.04.2022 at the apartment association Soldina tn 2 on the written voting questions of 05–19.04.2022 void. Each participant bears their own costs; there are no reimbursable costs.