Kangelaste 19: court approved city and association’s agreement on nullity of meeting decisions

The court approved the agreement between Narva linn and the association on nullity of the listed meeting decisions and reimbursement of costs; proceedings were terminated.

The court approved an agreement between Narva linn, acting through Narva Linnaelamu, and the apartment association Kangelaste pr 19 and terminated the case. The city challenged the association’s general meeting decision of 20 June 2015, seeking a finding of nullity, meaning absence of legal effect, or alternatively to have it set aside. Under the agreement, the association accepted that the meeting decisions of 11 February 2016 electing a board, choosing an audit firm, confirming the meeting decision of 20 June 2015 and amending the articles were void because the convening procedure had been breached. The agreement also lists related decisions on reporting, the management plan, board activities and membership, moving a playground and building a parking area, which the parties acknowledged as void. The court checked that the agreement did not conflict with the law, good morals or the public interest. The association undertook to reimburse the city a 150 euro fee and 1100 euros in legal assistance costs. The court additionally ordered a refund to the city of 150 euros of the fee paid, payable after the ruling enters into force. The parties waived appeals. If the agreement is not performed, the creditor may apply to a bailiff; the act contains no information on actual performance.

Approve the agreement on nullity of the listed general meeting decisions and terminate proceedings. The association undertakes to reimburse the city a 150 euro fee and 1 100 euros in legal costs. The court ordered a further 150 euros in fees refunded to the city from the budget after entry into force.