Refusal of transfer claim and recovery of debt

The court distinguished debt recovery from compulsory transfer.

Narva linn, Kangelaste prospekt 18a korteriühistu sought management-charge debt and compulsory transfer of XX’s apartment ownership. The defendant filed no objections. Only 23 of 90 members participated in the initial owners’ decision where a majority was required; the court held it void. A later decision was supported by 48 of 90. However, three months for voluntary transfer must expire after a valid demand before proceedings are brought; time cannot run from a void decision. The transfer claim was refused. Proven monetary debt, accrued and continuing statutory late-payment interest on the principal were awarded, together with 430* euros in costs and statutory late-payment interest on those costs from the judgment’s entry into force. Performance is not established.

Compulsory transfer claim dismissed; debt, late-payment interest and 430* euros in costs awarded.