Charges for non-residential premises: award increased and special agreement rejected
Editorial summary
The association sought management charges and late-payment interest from a company owning non-residential premises. The circuit court awarded the full claim: a special agreement with the board did not replace valid general meeting decisions on charges.
Narva linn, Koidula tn 7 korteriühistu · 80175570
Packdale Logistic OÜ · 10161572
Participants and roles
- Claimant, defendant to the counterclaim and appellant — Narva linn, Koidula tn 7 korteriühistu
- Defendant, counterclaimant and cross-appellant — Packdale Logistic OÜ
The dispute and the court’s decision
KÜ Koidula-Maja N, now Narva linn, Koidula tn 7 korteriühistu, sought a debt for December 2009 to June 2012 from Packdale Logistic OÜ, formerly OÜ Õnneratas. The company relied on an agreement providing special terms for managing its non-residential premises and counterclaimed for its performance. The first-instance court awarded only part of the debt, treating the agreement as effective until its termination in 2011.
The circuit court took a different view of the legal basis. An owner of non-residential premises is also an association member, and charges follow the law, articles and valid general meeting decisions. The board could not impose different obligations on one member by a separate agreement; the agreement was void, without legal effect from the outset. Differences had to follow clearly from the articles or a general meeting decision.
The court checked the invoices: no water or electricity charges were claimed from the company, and heating was calculated as indirect heat using a 0.91% share. Reference to an earlier payment did not itself discharge the debt: the company had brought neither a repayment claim nor a set-off defence.
The association’s claim was granted in full: 2,366.71 euros in principal and 641.80 euros in late-payment interest, totalling 3,008.51 euros*. The company’s counterclaim and cross-appeal were dismissed, and it bears costs in both instances. The award does not establish actual payment.
Outcome of this decision
The judgment of 18 November 2013 was varied: Packdale Logistic OÜ was ordered to pay 2,366.71 euros in principal and 641.80 euros in late-payment interest, totalling 3,008.51 euros*. The counterclaim was dismissed and the company bears costs in both instances.