Kivilinna tn 18: two decisions set aside after reconsideration

Two applicants XX sought to set aside two owners’ decision items concerning accounting review and a management plan.

Two applicants XX challenged items 3 and 4 of Narva linn, Kivilinna tn 18 korteriühistu’s owners’ decision of 31 May 2022. Voting took place without a meeting. Item 3 concerned choosing an accounting organisation to check documents and authorising the board to choose a proposal; item 4 concerned the 2022 management plan. The applicants alleged that transferring control functions conflicted with the articles’ audit committee provision. For the plan, they cited missing mandatory information on common property condition, intended works, reserves and projected service consumption. They also objected to insufficiently justified parking and basement electrical system costs. The act presents these as applicants’ arguments. The first ruling of 9 January 2025 granted the application, but Tartu Ringkonnakohus set it aside and remitted the case. The grounds were breach of the right to be heard and partly insufficient reasoning; the appeal did not end the dispute by finally rejecting the applicants’ claims. On reconsideration the association admitted the claims in full. On 27 August 2025, the court therefore again granted the application and set aside specifically items 3 and 4. This result rests on admission, not a fresh detailed assessment of every objection to the management plan. Of the applicants’ 1150 euros in costs, the agreed 800 euros was allocated to the association. The applicants bear the other 350 euros. Appeal was available within 15 days after service.

Grant the application and set aside items 3 and 4 of the decision of 31.05.2022. Allocate 800 euros in costs to the association, with the remaining 350 euros left to applicants.