Debt to an apartment association: heating calculations and board authority

The association sought unpaid management and utility charges. XX challenged the documents, heating allocation and liability after the property was sold.

Narva linn, Kraavi tn 7 korteriühistu sought unpaid building management and utility charges. XX disputed the reliability of invoices and meeting minutes, the board’s authority and allocation of heating costs by floor area. XX also argued that liability ended with the auction sale of the property. The court examined the debt calculation, invoices, management plans, minutes and supplier contracts. It found allegations of forged documents and missing required signatures unproved, checked powers of attorney and found no violation in extending a board member’s term. It found that costs in this case were calculated according to the ownership share. XX had not established grounds for another allocation or refusal to pay on good-faith grounds. The absence of an energy audit did not by itself remove liability. The court linked transfer of the owner’s obligations to registration of title, rather than receipt of the auction instrument. The association’s application was granted. A request for repayment of excess heating charges submitted after the deadline for final submissions was not admitted as a counter-application in these proceedings. It was sent for registration as a separate application; its merits were not decided by this order.

The debt was awarded to the association. XX must bear procedural costs, whose amount will be determined separately after the order becomes final. The heating repayment claim was sent for registration as a separate application.