Soldina tn 4: request to declare written decisions void rejected

Applicant XX challenged written decisions for lack of unanimity and board authority; the association agreed with the application.

Applicant XX sought a finding that the association’s decisions had no legal effect from adoption, or were void. The decisions of Narva linn, Soldina tn 4 korteriühistu were recorded on 6 January 2022 following written voting in December 2021. The questions concerned parking, accounting review and lighting. The applicant invoked the articles’ unanimity requirement because not all owners voted, and alleged that the board’s term had expired before it organised the vote. The association agreed that the application should succeed. After doubts about the first representative’s authority, the court obtained the current registered representative’s view, which also accepted the arguments. However, the court stated that it was not bound by participants’ legal assessments in such an application and had to examine nullity independently. On 31 January 2025 it rejected the application. It distinguished nullity from setting aside: in its assessment, breach of voting-number rules did not itself establish the alleged nullity ground. The applicant had not sought to set the decisions aside. The court also found void the articles’ clause allowing written decisions only if all members voted, and applied statutory quorum and majority rules. It considered participation by 60 votes sufficient. It likewise regarded the board term argument as a possible ground for setting aside, rather than nullity; it examined no other annulment grounds. It did not review lawfulness on other grounds. Costs were allocated to the applicant, but no reimbursement was awarded to the association: no proven costs arose and a statutory representative submitted its position. Appeal was available within 15 days from the day following receipt.

Reject the application to declare the decisions of 06.01.2022 void. Allocate costs to the applicant, but there are no reimbursable association costs.