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Co-owner’s obligation to pay building and heating charges

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsObligations of multiple ownersBills and justification of chargesHeatingCalculation and allocation of heating charges

Co-owner’s obligation to pay building and heating charges

Judgment · Viru Maakohus · First instance

KÜ Joala 5 · 80158985

Entry into force has not been reverified

Participants and roles: Association — claimant; XX — defendant, co-owner; XX — other co-owner, not joined as a third party

How it started · editorial summary

Pointing to another user of the apartment did not release the co-owner from building charges.

The dispute and the court’s decision

KÜ Joala 5 (now — Narva linn, Joala tn 5 korteriühistu). The court awarded KÜ Joala 5 unpaid heating, gas equipment maintenance and building maintenance charges against XX. XX argued that another co-owner used the services and was the association member. The court explained that selecting one co-owner to participate in the association does not release the others from charges. The unchallenged charging arrangement under the association’s decisions remained binding; actual use of the apartment was a matter between the co-owners.

Outcome of this decision

The claim was granted and the debt awarded against XX. The court did not decide the other co-owner’s liability; part-payment would reduce the outstanding common obligation. XX was also ordered to reimburse the association’s fee of 75 euros and representation costs of 255 euros.
Translation of an anonymised, abridged excerpt from Estonian
Grant the claim.

Acts in this case