Energia tn 3: all repeat-meeting decisions declared void because of deficient notice

Owner XX sought nullity or invalidation of parts of the repeat-meeting decisions; a general defect in notice of decision-making authority proved decisive.

Applicant XX challenged certain decisions of the apartment association Narva linn, Energia tn 3 repeat meeting of 10 April 2024. The dispute concerned the management report, rates and additional provisions on payment accounting and removal of concessions. XX alleged that some matters were absent from the agenda, the decisions were unfair and rights were infringed. The association relied on XX’s attendance, the current articles and customary repeat-meeting practice. The court found a substantial general convening defect: the invitation did not state that the repeat meeting could decide matters regardless of attendance. The association admitted the missing sentence but argued that members already knew the rule from law, the articles and practice. The court rejected this: the specific warning allows a person to assess the need to attend, so knowledge of the general rule and routine practice do not replace it. The court also found that the stated agenda items did not allow participants to expect decisions on the applicant’s specific old obligation or removal of concessions. Those provisions would have had no legal effect from adoption on that independent ground too. The applicant did not prove a conflict with good morals; the court did not separately decide invalidation because it had already found nullity. The ruling of 26 February 2025 granted the application, declaring all repeat-meeting decisions void, rather than only the items initially identified. Costs were imposed on the association and applicant XX was awarded the 50-euro fee paid. The ruling sets no new concessionary rate and does not decide a separate dispute over the amount of old arrears.

Grant the application. Declare all decisions of the association’s repeat meeting of 10.04.2024 void. Impose all costs on the association and award applicant XX reimbursement of the 50-euro fee.