Kangelaste prospekt 42: court found payments correctly recorded and awarded remaining debt

The court rejected the objection that payments were unrecorded and awarded remaining debt. Charges were checked against decisions, invoices and bank data.

The court awarded the apartment association Narva linn, Kangelaste prospekt 42 a debt balance against owner XX. It checked bank data and the association’s calculation and found the owner’s proven payments accounted for. The association sought maintenance charges and interest. During proceedings it updated the amount for new charges and funds received. The owner claimed regular payment and challenged invoices, meeting minute extracts and interest calculations. The owner also demanded supplier contracts and considered charges unproven without them. The court examined articles, rate approval decisions, supplier invoices and payment data. Common electricity and waste collection were included in the maintenance rate set by the meeting, not charged separately. It found no excessive heating charges. The validity of meeting decisions was not at issue in this case. Comparing the owner’s statements with the association’s calculation, the court found matching payments and dates. The owner supplied no proof of payment of the remaining disputed invoices. The court derived entitlement to statutory interest from the law and articles, rejecting the argument that a separate meeting decision was required for this recovery. The ruling of 29 July 2022 awarded principal, accrued interest and further statutory interest on principal until payment. It also awarded 606 euros in procedural costs against the owner. This is the outcome established then; subsequent performance is not confirmed.

Grant the association’s application. Award principal, accrued interest and further statutory interest on principal until performance against interested person XX. Allocate costs to that person and award 606 euros.