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Legal archive: reviews of court practice concerning Narva apartment associations

This section contains analytical reviews and editorial summaries of publicly available court decisions concerning relations between apartment owners and apartment associations in Narva. The information has been prepared by the Žuk Kinnisvara team for informational purposes.

We explain complex legal acts in plain language. Our archive is continually updated.

We plan to add reviews of decisions of the Supreme Court of Estonia (Riigikohus) on important issues concerning relations between apartment owners and apartment associations.

Before making important legal decisions, always check the official status and full case text in the state register (Riigi Teataja / e-Toimik).

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Narva linn, Kreenholmi tn 33 korteriühistu · 80175469

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

The court partly granted the association’s claim by default, awarding 549.57 euros in debt, 9.89 euros in interest and further interest. The fee carries statutory interest after entry into force; 60 euros in legal costs were refused.

· Default judgmentViru Maakohus Narva kohtumaja · First instance · № 2-12-9573/5Read actFirst instance

Debt awarded by default, part of the costs refused

Editorial summary

The court partly granted the association’s claim by default, awarding 549.57 euros in debt, 9.89 euros in interest and further interest. The fee carries statutory interest after entry into force; 60 euros in legal costs were refused.

Default judgment · Viru Maakohus Narva kohtumaja · First instance

Narva linn, Kreenholmi tn 33 korteriühistu · 80175469

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
  • Claimant — Narva linn, Kreenholmi tn 33 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, Kreenholmi tn 33 korteriühistu, named in the source as KORTERIÜHISTU KREENHOLMI 33, sued defendant XX for debt and interest. The retained decision does not detail the substantive basis of the debt. The court partly granted the claim by default. It awarded principal of 549.57 euros, interest of 9.89 euros accrued by 1 March 2012 and further interest of 0.07% per day on principal from 2 March 2012 until full payment. The judgment is immediately enforceable without security. The 115.04-euro fee was awarded with statutory interest from entry into force until payment. Reimbursement of 60 euros for preparing the claim was refused: the service was not shown to have been provided by an eligible procedural representative, and an adviser’s costs were not reimbursable. Actual payment, entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default award comprises 549.57 euros in debt, 9.89 euros in accrued interest, further interest at 0.07% per day on the debt from 2 March 2012 and the 115.04-euro fee. Statutory interest on costs runs from entry into force; 60 euros for legal assistance were refused.

Entry into force has not been reverified

Separate act page

Narva linn, V. Gerassimovi tn 16 korteriühistu · 80218960

Apartment association bills, payments and debtsDebt claims

Editorial summary

The association sought payment of a debt from the defendant. The court awarded 1864.51 euros in debt and a 383.46-euro court fee by default, but refused 186.62 euros for legal services.

· Default judgmentViru Maakohus · First instance · № 2-12-7757/6Read actFirst instance

Debt awarded by default, legal-service costs refused

Editorial summary

The association sought payment of a debt from the defendant. The court awarded 1864.51 euros in debt and a 383.46-euro court fee by default, but refused 186.62 euros for legal services.

Default judgment · Viru Maakohus · First instance

Narva linn, V. Gerassimovi tn 16 korteriühistu · 80218960

Apartment association bills, payments and debtsDebt claims
Participants and roles
  • Claimant — Narva linn, V. Gerassimovi tn 16 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, V. Gerassimovi tn 16 korteriühistu, named in the source as GERASSIMOVI 16 NARVA KORTERIÜHISTU, sued defendant XX for a debt. The documents were served personally, but no response to the claim was submitted. At the association’s request, the court entered judgment in default. It awarded 1864.51 euros in debt and declared the judgment immediately enforceable without security. The judgment does not specify the individual types of charges making up the debt. The court relied on the unchallenged factual allegations and their legal justification. The 383.46-euro court fee was awarded. Reimbursement of 186.62 euros paid to a sole trader for preparing the claim was refused: the court found that the provider was neither an eligible representative nor an association employee. Actual recovery, entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default judgment awarded 1864.51 euros in debt and the 383.46-euro court fee. Legal-service costs of 186.62 euros were refused. The judgment was declared immediately enforceable without security.

Entry into force has not been reverified

Separate act page

Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu · 80170785

Editorial summary

The association brought a debt claim against OÜ Steetley, but the parties agreed to end the dispute. The court approved withdrawal of the claims as part of a settlement and terminated proceedings.

· Order approving a settlementViru Maakohus · First instance · № 2-11-37278/16Read actFirst instance

Settlement with a company: association withdrew its claim

Editorial summary

The association brought a debt claim against OÜ Steetley, but the parties agreed to end the dispute. The court approved withdrawal of the claims as part of a settlement and terminated proceedings.

Order approving a settlement · Viru Maakohus · First instance

Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu · 80170785

OÜ Steetley · 10989549

Participants and roles
  • Claimant — Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu
  • Defendant — OÜ Steetley

The dispute and the court’s decision

Narva linn, Joala tn 13, Joala tn 15, Kose tn 1a, Kose tn 3 korteriühistu, named in the source as KÜ Kose-Joala, sued OÜ Steetley for debt. The order does not disclose the amount or substantive basis of that debt. The parties settled: the association waived its claims, and each side agreed to bear its own costs. Finding no conflict with law or good morals, the court approved the agreement and terminated proceedings. This was not a finding that no debt existed or that it had been paid. The association was ordered a refund of half the paid court fee, 31.96 euros. This was not an award against the company for the original debt. The parties waived appeal against the order; entry into force has not been reverified.

Outcome of this decision

The court approved a settlement waiving the association’s claims and terminated proceedings. Each side bears its own costs; a 31.96-euro court-fee refund was ordered for the association.

Entry into force has not been reverified

Separate act page

Narva linn, A. Puškini tn 20 korteriühistu · 80061866

Apartment association meetings and decisions

Editorial summary

Two companies challenged the association’s general meeting decisions. The court accepted the companies’ waiver of the claim and terminated proceedings without deciding the merits.

· Order terminating proceedingsViru Maakohus · First instance · № 2-12-6397/7Read actFirst instance

Puškini 20: proceedings terminated after two organisations waived their challenge to general meeting decisions

Editorial summary

Two companies challenged the association’s general meeting decisions. The court accepted the companies’ waiver of the claim and terminated proceedings without deciding the merits.

Order terminating proceedings · Viru Maakohus · First instance

OÜ Esteetilise Meditsiini Keskus Gratsija · 10228595

UÜ Prospekt-Media · 10579314

KÜ Puškini 20 · 80061866

Apartment association meetings and decisions
Participants and roles
  • claimant – OÜ Esteetilise Meditsiini Keskus Gratsija
  • claimant – UÜ Prospekt-Media
  • claimants’ legal representatives XX
  • defendant – KÜ Puškini 20

The dispute and the court’s decision

OÜ Esteetilise Meditsiini Keskus Gratsija and UÜ Prospekt-Media brought a claim against the apartment association Puškini 20 seeking to invalidate general meeting decisions. At an early stage, their legal representatives submitted statements in their own names asking to discontinue the claims. The court asked them to express that intention on behalf of the claimant organisations. The corrected statements arrived on 27 February 2012. The court treated them as waiver of the claim, accepted it and terminated the proceedings by an order of 28 February 2012 without deciding the complaints about the meeting on their merits. The order did not examine the circumstances of the decisions or the grounds for challenging them and therefore does not confirm that the association’s decisions were lawful. The court did not send the statement to the defendant for a separate response, citing the early stage of proceedings and the absence of any infringement of the defendant’s rights from termination. It explained that, following waiver of the claim, a new claim against the same defendant with the same subject matter and grounds could not be brought. The operative part neither allocates litigation costs nor sets a monetary amount for them. The copy’s finality stamp does not establish that no subsequent procedural steps occurred.

Outcome of this decision

Terminate proceedings on the claim by OÜ Esteetilise Meditsiini Keskus Gratsija and UÜ Prospekt-Media against the apartment association Puškini 20 challenging general meeting decisions, following waiver of the claim. The operative part contains no separate costs decision.

Entry into force has not been reverified

Separate act page

Narva linn, A. Puškini tn 12 korteriühistu · 80189721

Apartment association bills, payments and debtsBills and justification of chargesHeating
More topics
Calculation and allocation of heating chargesApartment association meetings and decisionsBudget, management plan and ratesConvening meetings and advance noticeContracts and servicesTenancy and lease

Latest prepared act · · № 2-10-51755/25

Editorial summary

The owner challenged charges and meeting decisions. Dismissal was upheld because the decisions were challenged late, an agreement covered the earlier period and later calculation errors were not specified.

Case historyPrepared acts: 2
· JudgmentTartu Ringkonnakohus · Appeal · № 2-10-51755/25The owner challenged charges and meeting decisions. Dismissal was upheld because the decisions were challenged late, an agreement covered the earlier period and later calculation errors were not specified.Read actAppeal

KÜ Puškini tn 12: dismissal of the challenge to charges and payment decisions was upheld

Editorial summary

The owner challenged charges and meeting decisions. Dismissal was upheld because the decisions were challenged late, an agreement covered the earlier period and later calculation errors were not specified.

Judgment · Tartu Ringkonnakohus · Appeal

Korteriühistu Puškini tn 12 · 80189721

Apartment association bills, payments and debtsBills and justification of chargesHeatingCalculation and allocation of heating chargesApartment association meetings and decisionsBudget, management plan and ratesConvening meetings and advance noticeContracts and servicesTenancy and lease
Participants and roles
  • claimant and appellant — XX
  • claimant’s representative — XX
  • defendant — Korteriühistu Puškini tn 12
  • association’s representative — XX

The dispute and the court’s decision

XX challenged heating, service, room-use, advertising and waste charges imposed by KÜ Puškini tn 12, as well as general meeting decisions from 2003, 2005 and 2008. XX alleged lack of meeting notice, an overstated calculation area and the absence of a written room-use agreement. The circuit court upheld dismissal on distinct grounds. Under the three-month rule applied in this case, time ran from learning of a decision, not necessarily receiving the minutes. The court found that XX should have known of the decisions by the time a notarised debt agreement was made. The challenge was late, so the substantive allegations about meeting notice were not examined. Charges for the period covered by the notarised agreement were not set aside because the agreement remained valid and had not been terminated. Later payments were assessed against the meeting decisions that remained in force. Lack of a written agreement did not exclude a room-use charge: the court found an oral lease. For heating and services it considered an invoice recalculated using the actual area. XX had not identified the later months or charges left uncorrected. The appeal was dismissed and costs in both courts left with XX. Whether good faith could prevent enforcement of a meeting decision was not assessed, as no such claim had been made.

Outcome of this decision

XX’s appeal was dismissed and the county court judgment of 5 August 2011 remained unchanged. The claims to set aside meeting decisions and calculations were unsuccessful. Costs in both courts remained with XX.

Entry into force has not been reverified

Separate act page
· JudgmentViru Maakohus · First instance · № 2-10-51755/12Claimant XX challenged charges and meeting decisions on payments. The court dismissed the claim in full because the time limit for challenging the decisions had expired.Read actFirst instance

Puškini tn. 12: challenge to decisions and charges dismissed after expiry of the three-month time limit

Editorial summary

Claimant XX challenged charges and meeting decisions on payments. The court dismissed the claim in full because the time limit for challenging the decisions had expired.

Judgment · Viru Maakohus · First instance

Puškini tn.12 korteriühistu · 80189721

HeatingCalculation and allocation of heating chargesApartment association bills, payments and debtsBills and justification of chargesApartment association meetings and decisionsBudget, management plan and ratesConvening meetings and advance notice
Participants and roles
  • claimant XX — owner of non-residential premises
  • claimant’s adviser XX
  • defendant — Puškini tn.12 korteriühistu
  • association’s management board member XX
  • association’s contractual representative XX

The dispute and the court’s decision

Claimant XX, the owner of non-residential premises, challenged charges made by the apartment association Puškini tn. 12. The claimant referred to an overstated floor area used for heating charges, payments for rent, advertising and waste collection, and the lack of an opportunity to examine meeting decisions in time. In an amended claim, the claimant sought to have decisions from 2003, 2005 and 2008, and the charges based on them, set aside. The association objected that the claimant was its member, could participate in management and obtain documents, and had missed the time limit for challenging decisions. It also reported recalculating heating charges according to the area of the property. The court examined these positions and noted that, under the law applied at the time, decisions on management of the building were binding on association members. The claimant argued that the minutes had only been received with the defence in December 2010. The court found it unproven that the claimant had learned of the disputed decisions only then: the claimant had known about the disputed payments by January 2010, but formulated the specific request to set aside the decisions in January 2011. The court concluded that the three-month time limit for bringing the challenge had expired. By its judgment of 5 August 2011, the court dismissed the claim in full. Claimant XX was left to bear both the claimant’s own costs and the association’s costs; their monetary amount was not determined in the operative part. The court dismissed the claim because the time limit had expired and the decisions remained binding; it did not separately examine the correctness of every monthly charge. It referred specifically to the recalculation of heating charges confirmed by an invoice. On 27 February 2012, Tartu Ringkonnakohus dismissed claimant XX’s appeal and left the judgment of 5 August 2011 unchanged. Costs in both courts remained with XX.

Outcome of this decision

Dismiss the claim challenging the charges in full. Leave the defendant association’s costs to claimant XX and the claimant’s own costs to the claimant. The operative part does not determine the monetary amount of reimbursement.

Entry into force has not been reverified

Separate act page

Narva linn, Rakvere tn 40 korteriühistu · 80175535

Apartment association bills, payments and debtsDebt claimsBills and justification of charges

Editorial summary

The association withdrew its claim against two defendants after reporting payment. The court terminated proceedings but refused to refund half the court fee because the defendants had already reimbursed it.

· Order accepting withdrawal and terminating proceedingsViru Maakohus Narva kohtumaja · First instance · № 2-11-41244/20Read actFirst instance

Claim withdrawn after payment: no second refund of the fee

Editorial summary

The association withdrew its claim against two defendants after reporting payment. The court terminated proceedings but refused to refund half the court fee because the defendants had already reimbursed it.

Order accepting withdrawal and terminating proceedings · Viru Maakohus Narva kohtumaja · First instance

Narva linn, Rakvere tn 40 korteriühistu · 80175535

Apartment association bills, payments and debtsDebt claimsBills and justification of charges
Participants and roles
  • Claimant — Narva linn, Rakvere tn 40 korteriühistu
  • Defendants — two individuals XX

The dispute and the court’s decision

Narva linn, Rakvere tn 40 korteriühistu, named in the order as KÜ Rakvere 40, sought a debt from two defendants XX. The association later withdrew its claim, reporting full payment. One defendant also reported payment of 1501 euros in debt, a 191.73-euro court fee and 156.93 euros in legal costs, while stating that debt calculations had not been supplied. The court accepted the withdrawal and terminated proceedings. It explained that the same claim on the same grounds between the same parties could not be brought again. The order made no new debt award. The association requested a refund of half the court fee, but the court refused because the case materials showed that the defendants had already reimbursed the fee in full. It also refused the defendant’s request to obtain evidence of the debt calculations: no counterclaim had been filed and payment had satisfied the original claim. Entry into force and subsequent appeals have not been reverified.

Outcome of this decision

Withdrawal was accepted and proceedings terminated. Refund of half the court fee was refused because the defendants had reimbursed it; the request for debt calculations was also refused. No new sum was awarded.

Entry into force has not been reverified

Separate act page

Narva linn, A. Puškini tn 45a korteriühistu · 80250416

Editorial summary

The court awarded 615.72 euros by default and daily interest of 0.07% on unpaid principal, stated as 603.72 euros, from 1 October 2011 until payment.

· Default judgmentViru Maakohus · First instance · № 2-11-47049/6Read actFirst instance

Default award with continuing interest

Editorial summary

The court awarded 615.72 euros by default and daily interest of 0.07% on unpaid principal, stated as 603.72 euros, from 1 October 2011 until payment.

Default judgment · Viru Maakohus · First instance

Narva linn, A. Puškini tn 45a korteriühistu · 80250416

Participants and roles
  • Claimant — Narva linn, A. Puškini tn 45a korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, A. Puškini tn 45a korteriühistu, named in the source as KÜ Puškini 45A, sued individual XX for debt and interest. The abbreviated decision does not disclose the substantive basis of debt or circumstances of default determination. The court awarded 615.72 euros by default. It also awarded daily interest of 0.07% on unpaid principal from 1 October 2011 until full payment; principal at the judgment date was stated as 603.72 euros. The components of the combined 615.72-euro sum were not separately set out. Costs were allocated to the defendant without fixing an amount. The judgment is immediately enforceable. Actual enforcement, entry into force and appeals have not been checked.

Outcome of this decision

615.72 euros and daily interest of 0.07% on unpaid principal from 1 October 2011 were awarded. Costs are allocated to the defendant; the judgment is immediately enforceable.

Entry into force has not been reverified

Separate act page

Narva linn, Energia tn 2 korteriühistu · 80250975

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

The association claimed a debt from a defendant served by public notice. The court awarded 1043.62 euros in debt and late-payment interest by default, leaving costs with the defendant.

· Default judgmentViru Maakohus · First instance · № 2-11-28084/7Read actFirst instance

Default debt judgment following public service of documents

Editorial summary

The association claimed a debt from a defendant served by public notice. The court awarded 1043.62 euros in debt and late-payment interest by default, leaving costs with the defendant.

Default judgment · Viru Maakohus · First instance

Narva linn, Energia tn 2 korteriühistu · 80250975

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
  • Claimant — Narva linn, Energia tn 2 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, Energia tn 2 korteriühistu, named in the source as KORTERIÜHISTU ENERGIA 2 NARVA, brought a monetary claim against defendant XX. The claim documents were served by public notice in Ametlikud Teadaanded. The court granted the claim by default and awarded 1043.62 euros in debt and late-payment interest. The judgment does not detail the basis or composition of the principal debt. It was declared immediately enforceable without security, with costs borne by the defendant; no monetary amount of costs was fixed in this judgment. The judgment itself was also to be served by public notice because the defendant’s residence, whereabouts, workplace and authorised recipient were unknown. Public service does not establish actual payment of the award. Entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default judgment awarded 1043.62 euros in debt and late-payment interest. The defendant bears costs without an amount being fixed; the judgment is immediately enforceable without security.

Entry into force has not been reverified

Separate act page

Narva linn, Kreenholmi tn 33 korteriühistu · 80175469

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

The court granted the association’s claim by default and awarded 408.74 euros. It separately awarded interest at 0.07% per day on unpaid principal of 367.11 euros and 136.69 euros in costs.

· Default judgmentViru Maakohus Narva kohtumaja · First instance · № 2-11-51897/5Read actFirst instance

Default award with a separate base for further interest

Editorial summary

The court granted the association’s claim by default and awarded 408.74 euros. It separately awarded interest at 0.07% per day on unpaid principal of 367.11 euros and 136.69 euros in costs.

Default judgment · Viru Maakohus Narva kohtumaja · First instance

Narva linn, Kreenholmi tn 33 korteriühistu · 80175469

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
  • Claimant — Narva linn, Kreenholmi tn 33 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, Kreenholmi tn 33 korteriühistu, named in the source as KÜ Kreenholmi 33, sued defendant XX for debt. The retained decision does not detail the charging history or circumstances leading to default judgment. The court awarded a total of 408.74 euros without separating its components in the operative part. It separately ordered further interest of 0.07% per day on unpaid principal stated as 367.11 euros from 2 September 2011 until full payment. The sums have different functions: the amount awarded and the base for further interest. A further 136.69 euros in costs were awarded; the judgment is immediately enforceable. Actual payment, entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default judgment awarded 408.74 euros and 136.69 euros in costs; further interest of 0.07% per day applies to unpaid principal of 367.11 euros from 2 September 2011 until payment. It is immediately enforceable.

Entry into force has not been reverified

Separate act page

Narva linn, P. Kerese tn 2 korteriühistu · 80180393

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

The association brought a debt claim against the defendant. The court awarded 1038.37 euros, including debt and interest, plus 340.64 euros in costs by default.

· Default judgmentViru Maakohus Narva kohtumaja · First instance · № 2-11-47978/13Read actFirst instance

Debt and interest: default award of 1038.37 euros

Editorial summary

The association brought a debt claim against the defendant. The court awarded 1038.37 euros, including debt and interest, plus 340.64 euros in costs by default.

Default judgment · Viru Maakohus Narva kohtumaja · First instance

Narva linn, P. Kerese tn 2 korteriühistu · 80180393

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
  • Claimant — Narva linn, P. Kerese tn 2 korteriühistu
  • Defendant — individual XX

The dispute and the court’s decision

Narva linn, P. Kerese tn 2 korteriühistu, named in the source as KORTERIÜHISTU NARV-KESKRING, sued defendant XX for debt. The retained two-page decision does not detail the basis of the charges, the defendant’s objections or the circumstances leading to default judgment. The court granted the claim by default and awarded 1038.37 euros: principal of 979.51 euros and interest of 58.86 euros. It also awarded 340.64 euros in costs, comprising a 255.64-euro court fee and 85 euros for legal assistance. The judgment was declared immediately enforceable without security. Actual payment, entry into force and subsequent appeals have not been reverified.

Outcome of this decision

The default judgment awarded 1038.37 euros, comprising 979.51 euros in debt and 58.86 euros in interest, plus 340.64 euros in costs. It is immediately enforceable without security.

Entry into force has not been reverified

Separate act page

Narva linn, Uusküla tn 17 korteriühistu · 80054990

The apartment association as employerTermination of employment contractsPay and compensation

Editorial summary

An employee disputed the employment contract, its termination and payments with the association. The court approved a settlement providing for termination by agreement, payment of 193.84 euros and withdrawal of the remaining claims.

· Order approving a settlementViru Maakohus · First instance · № 2-11-5303/20Read actFirst instance

Employment dispute: termination by mutual agreement

Editorial summary

An employee disputed the employment contract, its termination and payments with the association. The court approved a settlement providing for termination by agreement, payment of 193.84 euros and withdrawal of the remaining claims.

Order approving a settlement · Viru Maakohus · First instance

Narva linn, Uusküla tn 17 korteriühistu · 80054990

The apartment association as employerTermination of employment contractsPay and compensation
Participants and roles
  • Claimant — employee XX
  • Defendant and employer — Narva linn, Uusküla tn 17 korteriühistu

The dispute and the court’s decision

Claimant XX disputed the recognition of an employment relationship, invalidity of termination and monetary claims with Narva linn, Uusküla tn 17 korteriühistu, named in the source as KÜ Majak. The parties settled: the employment contract dated 26 February 2010 is treated as terminated on 10 November 2010 by mutual agreement. The association undertook to pay 193.84 euros in unused-leave compensation and wages within three days after approval. The claimant waived the remaining claims for three months’ average wages as compensation, public-holiday pay and overtime pay. The court found the agreement permissible and capable of performance, approved it, terminated proceedings and cancelled the scheduled hearing. It made no separate finding that termination was unlawful or that the remaining claims were justified. The appeal deadline was shortened to one day from service. Actual payments and entry into force have not been reverified.

Outcome of this decision

The approved settlement treats the contract as terminated by mutual agreement from 10 November 2010, requires payment of 193.84 euros and waives the remaining claims. Proceedings ended and the hearing was cancelled.

Entry into force has not been reverified

Separate act page

Narva linn, A. Puškini tn 20 korteriühistu · 80061866

Apartment association meetings and decisionsBudget, management plan and ratesArticles of association and amendments
More topics
Apartment association bills, payments and debtsBills and justification of charges

Latest prepared act · · № 2-10-22246/27

Editorial summary

The company challenged the association’s decision introducing different management charge calculations for individual and corporate owners. The appeal court upheld invalidation of the relevant parts, finding owner status alone insufficient to justify the difference.

Case historyPrepared acts: 2
· JudgmentTartu Ringkonnakohus · Appeal · № 2-10-22246/27The company challenged the association’s decision introducing different management charge calculations for individual and corporate owners. The appeal court upheld invalidation of the relevant parts, finding owner status alone insufficient to justify the difference.Read actAppeal

KÜ Puškini 20: owner status alone did not justify different rates

Editorial summary

The company challenged the association’s decision introducing different management charge calculations for individual and corporate owners. The appeal court upheld invalidation of the relevant parts, finding owner status alone insufficient to justify the difference.

Judgment · Tartu Ringkonnakohus · Appeal

KÜ Puškini 20 · 80061866

OÜ Esteetilise Meditsiini Keskus Gratsija · 10228595

Apartment association meetings and decisionsBudget, management plan and ratesArticles of association and amendmentsApartment association bills, payments and debtsBills and justification of charges
Participants and roles
  • defendant and appellant — KÜ Puškini 20
  • association’s representative — XX
  • claimant — OÜ Esteetilise Meditsiini Keskus Gratsija
  • claimant’s legal representative — XX
  • claimant’s adviser — XX

The dispute and the court’s decision

OÜ Esteetilise Meditsiini Keskus Gratsija challenged the meeting decision of 1 April 2010 concerning the management plan and different cost allocation for individual and corporate owners. The plan used rates of 82.91 kroons/m² and 125.79 kroons/m². The association argued that corporate owners consumed more services. The county court invalidated the parts amending clause 4.2.e of the articles and introducing different management-cost calculations for the two groups. The circuit court upheld that result. Departure from an area-based method was possible, but the articles had to specify which costs were allocated differently and how. Owner status alone was insufficient. The wording used the type of owner, rather than objectively measured consumption. Corporate ownership did not itself prove greater service use. The court also rejected the allegation that the judgment exceeded the claim. The claimant clarified its purpose after initially unavailable documents were obtained, and the issues were discussed with the parties. Inadequate clarification at the preliminary stage had not produced an incorrect outcome here. The appeal was dismissed and costs left with the association. Only specified parts of the decision were invalidated, not the whole management plan without distinction.

Outcome of this decision

The county court judgment of 29 September 2010 remained unchanged and the appeal was dismissed. Invalidation of the parts amending clause 4.2.e and introducing different cost calculations for the owner groups was maintained. Costs were left with KÜ Puškini 20.

Entry into force has not been reverified

Separate act page
· JudgmentViru Maakohus · First instance · № 2-10-22246/11A company challenged the association’s different maintenance rates for individuals and legal entities. The court granted the claim and set aside the relevant parts of the decisions amending the articles and adopting the management plan.Read actFirst instance

Puškini 20: provisions imposing different rates for individuals and legal entities set aside

Editorial summary

A company challenged the association’s different maintenance rates for individuals and legal entities. The court granted the claim and set aside the relevant parts of the decisions amending the articles and adopting the management plan.

Judgment · Viru Maakohus · First instance

OÜ Esteetilise Meditsiini Keskus Gratsija · 10228595

KÜ Puškini 20 · 80061866

Apartment association meetings and decisionsArticles of association and amendmentsBudget, management plan and ratesApartment association bills, payments and debtsBills and justification of charges
Participants and roles
  • claimant — OÜ Esteetilise Meditsiini Keskus Gratsija
  • defendant — KÜ Puškini 20
  • claimant’s representative XX — management board member
  • association’s representatives XX

The dispute and the court’s decision

OÜ Esteetilise Meditsiini Keskus Gratsija challenged decisions of the apartment association Puškini 20’s meeting of 1 April 2010. The company objected to changes to the articles of association and management plan that allowed maintenance charges to be calculated differently for individuals and legal entities. The claimant argued for payment in proportion to floor area and also said it had not been given the draft plan. The association justified the additional burden of business premises by reference to visitors, security, cleaning and maintenance of common areas. It argued that distributing additional costs equally would be unfair and that the necessary documents had been sent to the claimant. The annual plan applied different calculation figures to the two groups: 82,91 and 125,79 kroons per square metre. The court found that floor area was used for everyone, but the rates differed according to the category of owner and the use of the premises. Applying the rules then in force, it distinguished an alternative method of allocating particular types of costs from different maintenance rates for different groups. In the court’s view, the option to provide a different calculation method in the articles did not justify introducing such different rates. The court disagreed that the draft management plan had not been supplied at all, but noted that the allocation method had not been sent to the claimant. By its judgment of 29 September 2010, it granted the claim, setting aside the relevant part of the amendment to clause 4.2e of the articles and the part of the management plan providing for a special calculation of costs. This set aside specific provisions; it did not declare all the meeting’s decisions void. The association was ordered to bear the claimant’s costs as well as its own; the judgment did not determine their monetary amount. On 24 October 2011, Tartu Ringkonnakohus dismissed the association’s appeal and left the judgment of 29 September 2010 unchanged. The specified provisions therefore remained invalidated.

Outcome of this decision

Grant the claim. Set aside the part of the decision under agenda item 4 amending clause 4.2e of the articles that allowed different allocation rules for the two groups, and the part of the decision under agenda item 3 providing for a special calculation of management costs in the 2010 plan. The association is to bear the claimant’s costs and its own costs.

Entry into force has not been reverified

Separate act page