Kangelaste prospekt 27: decisions on parking restrictions declared void

Owner XX obtained nullity of two parking decisions. The court linked the result to specific restrictions on owners’ rights, rather than a ban on all parking control.

The court declared two parking decisions of the apartment association Narva linn, Kangelaste prospekt 27 without legal effect from adoption. In this case, restrictions affected the owners’ own right to use shared grounds and required their agreement, which was absent. Owner XX challenged approval of parking rules on 30 April 2019 and the decision of 17 April 2023 on enforcement of them. The rules provided one card per apartment, restricted parking without a card and some vehicle types, and allowed termination of the right of use. AS Ühisteenused was chosen to supervise for 30 euros per month, with the ability to demand contractual penalties. The association considered control arrangements ordinary building management approvable by majority. It relied on the applicant using a parking card and not challenging the earlier decision in time. It acknowledged that some restrictions required agreement but proposed retaining the rest. The court explained that an operator contract or card system may in themselves be ordinary management. Here, however, the rules restricted owners as well as outside vehicles: not all received cards, cardless parking was limited to an hour, and extra charges and penalties were provided. The court assessed the combined conditions as a substantial change in use of shared parking for which a meeting majority was insufficient. The 2019 rules were adopted as a single document, so the court did not preserve individual parts. The applicant’s card and earlier voting did not remove nullity. The alternative invalidation demand was not separately considered because the disputed decisions already lacked legal effect from adoption. The ruling of 13 March 2025 declared item 9 of the 2019 meeting decision and item 5 of the 2023 decision void. It awarded 1 071,40 euros in costs against the association with statutory interest after finality. Claimed costs were reduced because some representative time was excessive.

Grant the application. Declare item 9 of the decision of 30.04.2019 approving parking rules and item 5 of the decision of 17.04.2023 organising supervision void. The association bears all costs; award applicant XX 1 071,40 euros and statutory interest on it from finality until performance.