Skip to decisions
Žuk — ANTON и JELENA
Back to decisions

Repair contributions and allocation by area

Tartu Ringkonnakohus · Appeal

Repairs and shared propertyFaçade, windows and balconiesOrganisation and funding of repairsApartment association bills, payments and debtsBills and justification of chargesDebt claimsApartment association meetings and decisionsConvening meetings and advance noticeBudget, management plan and ratesLate-payment interest and consequences of delay

Repair contributions and allocation by area

Judgment · Tartu Ringkonnakohus · Appeal

Korteriühistu Narva Sõbralik · 80245744

Entry into force has not been reverified

Participants and roles: claimant and appellant — Korteriühistu Narva Sõbralik; defendant and respondent on appeal — XX; claimant representative XX

How it started · editorial summary

An incorrect allocation method did not invalidate the entire repair decision.

The dispute and the court’s decision

Korteriühistu Narva Sõbralik (now — Narva linn, A. Puškini tn 2a korteriühistu). Korteriühistu Narva Sõbralik claimed earmarked facade and balcony repair contributions and late-payment interest from XX. The defendant disputed equal per-apartment contributions and the decision-making procedure. The county court refused the claim. The circuit court agreed that allocation contravened law and the charter but held only that part void, meaning legally ineffective: area-based allocation replaces it, while the decision to collect funds survives. Discussion of the management plan covered repairs and funding; defective notice was not established. Work and expenditure were proved. The share-based calculation exceeded the claim, so only the amount claimed was allowed and the refusal overturned. XX bears costs in both instances. A 2010 meeting decision provided an additional basis. The judgment does not endorse the original equal allocation or establish later payment.

Outcome of this decision

Refusal overturned and claim allowed within its limits; XX bears costs in both instances.
Translation of an anonymised, abridged excerpt from Estonian
Allow the appeal.
Appeal