Energia tn 3: rates, allocation of payments and limitation

XX challenged the service rate for non-residential premises and relied on limitation; the association sought payment under general-meeting resolutions.

Narva linn, Energia tn 3 korteriühistu sought management-cost arrears and late-payment interest from XX concerning non-residential premises. The association relied on general-meeting resolutions and argued that partial payment restarted limitation for the old debt. XX challenged the rate, relied on an individual arrangement with the board and pleaded partial limitation. The court found that ordinary payments specified particular months, so they could not arbitrarily be allocated to older debt. A separate payment marked “debt” discharged earlier obligations but did not acknowledge the whole balance. Unpaid 2020 charges were time-barred when proceedings began in January 2024. Other rate objections failed on the meeting records. The board could not set an individual rate contrary to the general resolution. The order cited the appellate court’s view that rates differing solely by natural- or legal-person status could make a resolution void. This operative part did not itself annul the rate resolution. The application was partly allowed: principal, accrued and further statutory late-payment interest until payment were awarded. XX bears 73% of association costs; clause5 awards 1283.12* euros. Statutory late-payment interest on costs also runs from entry into force. Actual payment is not established.

Allow the application in part: award principal, accrued and further statutory late-payment interest until payment. XX bears 73% of association costs; clause5 awards 1283.12* euros. Statutory late-payment interest on costs also runs from entry into force.