Basement dispute ended by agreement on use and access to building systems

OÜ Elpaste and the apartment association Tallinna 17 agreed on free use of the basement and the association’s access to building systems. The court approved the agreement and terminated proceedings.

The company Elpaste challenged an owners’ meeting decision. The case description dates it to 28 December 2009, while the settlement terms refer to a general meeting decision of 18 October 2009 transferring possession and use of shared basement rooms used by the company to the association. Under the agreement, the defendant admitted the claim concerning the association’s meeting decision, while the claimant waived its claim concerning the owners’ decision. The parties agreed to restore the position before the decisions: the association does not charge for use of the basement and acknowledges that the company has no debt relating to use of its premises and the basement. The company undertook, within a month after the ruling becomes final, to dismantle a brick partition and provide permanent technical access to building systems in the basement and shop. The association installs shut-off fittings and taps at its own expense. Access is to be provided during the business’s working hours and at any time in an emergency or to prevent one. The court considered the agreement lawful, approved it and terminated proceedings. Each party bears its own costs. The claimant was awarded a refund of half the court fee, 159,78 euros. The ruling does not establish completion of the building works or the refund.

Approve the agreed terms on basement use, absence of debt and technical access. Terminate proceedings, leave each party to bear its own costs and refund the claimant 159,78 euros in court fees from the state budget.