Narva apartment associations Court decisions

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Case 2-21-107646Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedulesPayment accounting and set-off

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

21.05.2021 · RulingViru Maakohus · First instance · № 2-21-107646/5Read actFirst instance21.05.2021

Separate act page

Võidu prospekt 13: instalments approved for 619,62-euro balance after partial payment

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, Võidu prospekt 13 korteriühistu; interested person XX – debtor and party to the agreement; association’s legal and contractual representatives XX

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

The dispute and the court’s decision

The court approved the agreement between the apartment association Narva linn, Võidu prospekt 13 and debtor XX for scheduled repayment of the remaining debt and terminated the case. The association initially sought recovery through expedited payment order proceedings. Pärnu Maakohus then ended that procedure and referred the case to Viru Maakohus to approve the agreement. The debtor acknowledged principal, accrued late-payment interest and 65 euros in costs. The association confirmed an earlier partial payment and agreed the balance with the debtor. The ruling does not establish subsequent compliance with the schedule. The balance is payable in six monthly instalments. Current association bills must also continue to be paid. Delay entails late-payment interest of 0,022% per day on the unpaid amount. The court examined the agreement, found it permissible and enforceable, approved its terms on 21 May 2021 and terminated proceedings. The 65 euros in costs included in the agreement form part of the admitted obligation; each participant bears its other costs with no separate mutual reimbursement. The ruling does not set out independent objections to the original charges.

Outcome of this decision

Approve the agreement taking account of the partial payment confirmed by the association. The outstanding debt, late-payment interest and agreed 65 euros in costs are payable in six monthly instalments. Retain current bills and late-payment interest of 0,022% per day on unpaid amounts upon delay. Terminate proceedings; leave other costs with the participants.

Translation of an anonymised, abridged excerpt from Estonian

2. Terminate proceedings in civil case No. 2-21-107646.

Case 2-20-16707Source: Riigi Teataja ↗

Narva linn, Madise tn 1, Madise tn 3, Malmi tn 3, Malmi tn 5 korteriühistu · 80152178

Apartment association bills, payments and debtsDebt claims

How it started · editorial summary

After debt payment, the association waived the demand. The dispute continued over costs: XX relied on payment before acceptance of the application, the court on performance after filing.

05.05.2021 · RulingViru Maakohus · First instance · № 2-20-16707/7Read actFirst instance05.05.2021

Separate act page

I. Grafovi and Malmi: case ended after payment; debtor ordered to pay 178 euros in costs

Ruling · Viru Maakohus · First instance

Narva linn, I. Grafovi tn 1, I. Grafovi tn 3, Malmi tn 3, Malmi tn 5 korteriühistu · 80152178

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, I. Grafovi tn 1, I. Grafovi tn 3, Malmi tn 3, Malmi tn 5 korteriühistu; interested person XX – debtor; association representative XX

How it started · editorial summary

After debt payment, the association waived the demand. The dispute continued over costs: XX relied on payment before acceptance of the application, the court on performance after filing.

The dispute and the court’s decision

The court ended the case after debt payment and awarded the association 178 euros in litigation costs against XX. The apartment association Narva linn, I. Grafovi tn 1, I. Grafovi tn 3, Malmi tn 3, Malmi tn 5 had sought arrears from owner XX. In response, XX reported payment and supplied payment documents. The association waived the demand but requested reimbursement of 298 euros in costs and refund of half the court fee. XX objected to bearing costs. XX argued that the debt had been paid before proceedings began, the association knew of payment and could have withdrawn its application in time. The court compared filing and full performance: the application arrived on 12 November 2020, and the demand was fully met on 25 November. It therefore applied the costs rule for payment after filing. Later acceptance of the application did not change that conclusion. The court acknowledged that the association could have reported payment sooner, but that did not remove necessary expenses already incurred. It nevertheless reduced legal expenses from 270 to 150 euros: the dispute was not complex, the representative attended no hearings and had no lengthy replies to examine. On 5 May 2021, proceedings ended following the association’s waiver. XX was ordered to pay 178 euros in costs, comprising an unrefunded 25-euro fee, 3 euros to obtain evidence and 150 euros for legal assistance. A further 25 euros in court fees was ordered refunded to the association from the state budget. The principal was not awarded again; the costs award does not confirm subsequent payment.

Outcome of this decision

Terminate proceedings following the association’s waiver. Impose costs on XX and award the association 178 euros. Refund the association 25 euros, half the court fee.

Translation of an anonymised, abridged excerpt from Estonian

1. Terminate proceedings in civil case No. 2-20-16707 following the applicant’s waiver.

Case 2-21-108784Source: Riigi Teataja ↗

Narva linn, Rahu tn 14 korteriühistu · 80015323

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

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

22.04.2021 · RulingViru Maakohus · First instance · № 2-21-108784/3Read actFirst instance22.04.2021

Separate act page

Rahu tn 14: court approved instalments for 2 209,11 euros

Ruling · Viru Maakohus · First instance

Narva linn, Rahu tn 14 korteriühistu · 80015323

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Rahu tn 14 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

The dispute and the court’s decision

The court approved Narva linn, Rahu tn 14 korteriühistu’s agreement with XX on an acknowledged obligation and monthly instalments, then terminated the case. After submission of the agreement, the case was transferred from Pärnu Maakohus to Viru Maakohus for approval. The ruling gives no separate objections to charges. The obligation includes management expenses, other payments, late-payment interest and court costs. The participants confirmed that payment had fallen due and allowed additional time for voluntary payment. The schedule provides equal monthly payments by month-end and a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day. Breach makes the entire agreed obligation immediately payable. Subsequent performance is not established by the act. The court found the agreement admissible. Each party bears other costs; the association was awarded a 33,25* euro fee refund. The participants waived appeal against the ruling.

Outcome of this decision

Approve XX’s agreement on the acknowledged obligation and monthly instalments with a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach makes the entire agreed obligation immediately due. Terminate the case; each party bears other costs; refund the association 33,25* euros in fees.

Translation of an anonymised, abridged excerpt from Estonian

3. The parties shall bear their own procedural costs not specified in the settlement.

Case 2-21-104304Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

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

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

05.04.2021 · RulingViru Maakohus · First instance · № 2-21-104304/3Read actFirst instance05.04.2021

Separate act page

Võidu prospekt 10: instalments for 4 403,90 euros approved until July 2028

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Võidu prospekt 10 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

The dispute and the court’s decision

The court approved Narva linn, Võidu prospekt 10 korteriühistu’s agreement with XX for long-term monthly instalments and terminated the case. The ruling confirms agreed terms without separately examining objections to how charges arose. The acknowledged obligation includes management expenses, late-payment interest and court costs. Included costs are not awarded again on top of the agreed sum. A first payment and subsequent equal payments no later than the last day of each month are provided. If deadlines are breached, the association may seek late-payment interest of 0,02% per day. Breach of the duty to pay debt instalments also makes the entire debt immediately payable. This ruling does not confirm subsequent performance or the current balance. The court found the agreement admissible. Each party bears other costs; the association was awarded a 68,30* euro fee refund. The parties waived appeal against the ruling.

Outcome of this decision

Approve the agreement with XX for long-term monthly instalments. Delay carries late-payment interest of 0,02% per day and breach of the schedule makes full payment immediately due. Terminate the case; each party bears other costs; refund the association 68,30* euros in fees.

Translation of an anonymised, abridged excerpt from Estonian

3. The parties shall bear their own procedural costs not specified in the settlement.

Case 2-20-100537Source: Riigi Teataja ↗

Narva linn, P. Kerese tn 6 korteriühistu · 80183301

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayParking and groundsConstruction of parking facilitiesApartment association meetings and decisionsBudget, management plan and rates

How it started · editorial summary

The participants confirmed payment of the principal claim, after which the association withdrew its application. The court approved a separate agreement for an additional 100 euros in costs.

22.03.2021 · RulingViru Maakohus · First instance · № 2-20-100537/18Read actFirst instance22.03.2021

Separate act page

P. Kerese tn 6: court approved a 100 euro costs agreement after debt payment

Ruling · Viru Maakohus · First instance

Narva linn, P. Kerese tn 6 korteriühistu · 80183301

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, P. Kerese tn 6 korteriühistu; interested person XX — debtor and party to the costs agreement; association’s representative XX

How it started · editorial summary

The participants confirmed payment of the principal claim, after which the association withdrew its application. The court approved a separate agreement for an additional 100 euros in costs.

The dispute and the court’s decision

The court terminated the case after confirmed payment of the principal claim and approved an agreement for an additional 100 euros in costs to the association. The apartment association Narva linn, P. Kerese tn 6 sought debt and late-payment interest from participant XX. The dispute concerned earmarked contributions for a car park. After an objection in payment order proceedings, the case was transferred to Viru Maakohus. XX attempted a counter-application challenging transactions based on meeting decisions; admission was refused and the circuit court upheld that refusal. The association and XX then reported satisfaction of the claim on 17 March 2021. Their consistent reports stated that principal, late-payment interest and previously claimed costs had been paid. The association withdrew its monetary demand, and participants submitted a separate agreement on remaining court costs. Under that agreement, XX must pay the association an additional 100 euros by 31 May 2021. XX bears their own costs. The participants confirmed understanding the consequences of termination and waived appeal against the ruling. On 22 March 2021 the court accepted withdrawal of the application on the paid claim, approved the costs agreement and terminated proceedings. It found no conflict with the law or good morals. It did not separately allocate or determine recoverable costs because the amount and payment arrangements were already agreed. Principal and previously paid costs are not awarded again. The act does not confirm performance of the new 100 euro obligation.

Outcome of this decision

Accept the association’s withdrawal of the paid debt application. Approve the agreement: XX pays the association 100 euros in costs by 31.05.2021 and bears their own costs. Terminate proceedings; do not determine costs separately.

Translation of an anonymised, abridged excerpt from Estonian

3. Terminate proceedings in civil case No 2 -20-100537 on Narva linn, P. Kerese tn 6 korteriühistu’s debt application against XX.

Case 2-16-122254Source: Riigi Teataja ↗

Narva linn, A. Puškini tn 45 korteriühistu · 80197258

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

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

03.03.2021 · RulingViru Maakohus · First instance · № 2-16-122254/86Read actFirst instance03.03.2021

Separate act page

Puškini 45: court approved a debt repayment schedule

Ruling · Viru Maakohus · First instance

korteriühistu Puškini 45 · 80197258

Entry into force has not been reverified

Participants and roles: Claimant — korteriühistu Puškini 45; Defendant — XX

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

The dispute and the court’s decision

The apartment association Puškini 45 brought a debt and late-payment interest claim against XX. The court approved the parties’ agreement and terminated proceedings without separately resolving the original substantive objections. XX acknowledged the agreed principal. The first payment is due within three days after entry into force, followed by equal monthly payments by month-end. Delay of more than one day in any payment cancels the schedule, making all remaining principal due. Breach carries late-payment interest of 0,065% per day on unpaid principal. A separate clause provides statutory late-payment interest for delayed payment of the balance after cancellation of the schedule. Each party bears its own court costs. The association was awarded a 225 euro refund, half the fee. On non-performance, an application to a bailiff is possible; actual payment is not confirmed.

Outcome of this decision

Approve the agreement: first payment within three days after entry into force, followed by monthly payments. Delay of more than one day cancels the schedule and makes the balance due. Breach carries late-payment interest of 0,065% per day and a separate statutory late-payment interest clause for delay in paying the balance after cancellation. Terminate the case; each party bears its own costs; refund the association 225 euros in fees.

Translation of an anonymised, abridged excerpt from Estonian

3. The parties shall bear their own procedural costs.

Case 2-16-16599Source: Riigi Teataja ↗

Narva linn, A. Puškini tn 12 korteriühistu · 80189721

Apartment association bills, payments and debtsDebt claimsBills and justification of chargesHeatingCalculation and allocation of heating chargesApartment association meetings and decisionsBudget, management plan and ratesContracts and servicesTenancy and leaseRepairs and shared propertyBasement, stairwell and shared roomsLimitation of claims

Latest prepared act · 26.02.2021 · № 2-16-16599/43

How it started · editorial summary

The dispute concerned the basis for extra charges for the shared staircase and the floor area used to charge heating for non-residential premises.

Acts in this casePrepared acts: 3 · Unprepared stages: 1

26.02.2021 · JudgmentTartu Ringkonnakohus · Appeal · № 2-16-16599/43Read actAppeal26.02.2021

Separate act page

Brainella: association decisions did not support additional stair-use and heating charges

Judgment · Tartu Ringkonnakohus · Appeal

Osaühing Brainella · Narva linn, A. Puškini tn 12 korteriühistu · 10294480 · 80189721

Entry into force has not been reverified

Participants and roles: Claimant and appellant – Osaühing Brainella; Defendant – Narva linn, A. Puškini tn 12 korteriühistu

How it started · editorial summary

The dispute concerned the basis for extra charges for the shared staircase and the floor area used to charge heating for non-residential premises.

The dispute and the court’s decision

The circuit court granted Osaühing Brainella’s claim in full, declaring no obligation to pay the disputed rent and no additional heating debt. Osaühing Brainella sought a declaration that it did not have to pay rent or the disputed extra heating charge to the apartment association at A. Puškini tn 12. The company owned non-residential premises. The association charged for use of a separated stair section and calculated heating over a larger area. The company objected that no lease existed and heating should be charged for its premises’ area of 88,4 m². The association argued that the extra charges were based on general meeting decisions and use of the separated staircase expressed consent to the charge. On rehearing, Viru Maakohus confirmed there was no contract but found a payment duty based on meeting decisions. The company appealed dismissal of the rest of its demands. Tartu Ringkonnakohus agreed that an owners’ majority can in principle decide ordinary management of shared property. However, these particular decisions had been adopted with the 2004, 2005 and 2010 management plans and applied within those respective years. The association did not establish a basis for the disputed charges in later years. The circuit court granted the claim in full. It declared no lease relationship or rent obligation and that heating from 28 February 2011 to 31 January 2016 was payable on an area of 88,4 m². The company did not owe 285,63 euros in heating debt as at 31 January 2016. All litigation costs at both levels were imposed on the association, to be quantified by the county court after finality. No demand to demolish the partition was decided in this case.

Outcome of this decision

Grant Brainella’s claim in full: no lease relationship or rent payment duty exists; heating for the stated period is calculated on 88,4 m²; no debt of 285,63 euros is owed. The association bears costs at both levels, to be quantified separately.

Translation of an anonymised, abridged excerpt from Estonian

2.1. Grant the claim by osaühing Brainella against Narva linn, A. Puškini tn 12 korteriühistu.

11.11.2020 · JudgmentViru Maakohus · First instance · № 2-16-16599/37Read actFirst instance11.11.2020

Separate act page

Charges for part of a stairwell and heating: the basis of charges and later reversal

Judgment · Viru Maakohus · First instance

Osaühing Brainella · Narva linn, A. Puškini tn 12 korteriühistu · 10294480 · 80189721

Entry into force has not been reverified

Participants and roles: Claimant — Osaühing Brainella; Defendant — Narva linn, A. Puškini tn 12 korteriühistu

How it started · editorial summary

Osaühing Brainella challenged charges for using and heating part of a stairwell. The first-instance court declared only that no lease existed; the appellate court later granted all claims, reversing the refusals and the costs allocation.

The dispute and the court’s decision

Osaühing Brainella sought declarations against Narva linn, A. Puškini tn 12 korteriühistu that no lease existed and no payment was owed for part of a stairwell. It also sought heating calculations based only on 88.4 m² and a declaration that 285.63 euros was not owed for 28.02.2011–31.01.2016. Invoices included a monthly charge of 15.98 euros. The case was being reheard after reversal and remittal of an earlier judgment. The court found no evidence of a lease and granted that declaration. However, additional charges could arise from owners’ resolutions governing use of common property rather than a contract. Calling a charge rent did not change its legal basis. The company did not deny exclusive use of part of the stairwell. The relevant resolutions had not been invalidated, and the court found no grounds of nullity. It therefore refused a declaration of no payment duty. It also rejected the requested heating-area declaration and the related claim that 285.63 euros was not owed. This judgment did not itself award that sum for enforcement. The association must bear 25% of the company’s costs and the company 75% of the association’s costs, with amounts determined separately. Later, on 26 February 2021, Tartu Ringkonnakohus reversed the refusal of the remaining claims and the costs allocation, granting the claim in full. It held that the earlier tariffs applied only in the relevant financial years and that no basis for the additional charge after 2010 had been proved. It declared that the disputed charge was not payable, heating for 28.02.2011–31.01.2016 was payable on an area of 88.4 m², and the heating debt of 285.63 euros did not exist as at 31.01.2016. The association bears costs at both levels, with amounts to be fixed separately.

Outcome of this decision

Initially, the court declared that no lease existed and rejected the remaining claims; it did not award 285.63 euros, and costs were allocated 25%/75%. On 26 February 2021, Tartu Ringkonnakohus reversed the refusals and the costs allocation: it declared that the disputed charge was not payable, heating for 28.02.2011–31.01.2016 was payable on an area of 88.4 m², and the heating debt of 285.63 euros did not exist as at 31.01.2016. The association bears costs at both levels, with amounts to be fixed separately.

Translation of an anonymised, abridged excerpt from Estonian

Declare that OÜ Brainella and Narva linn, A. Puškini tn 12 korteriühistu have no obligations arising from a rental or lease agreement.

19.04.2018 · JudgmentTartu Ringkonnakohus · Appeal · № 2-16-16599/17Read actAppeal19.04.2018

Separate act page

Stairwell and heating charges: judgment reversed and case remitted

Judgment · Tartu Ringkonnakohus · Appeal

Osaühing Brainella · Narva linn, A. Puškini tn 12 korteriühistu · 10294480 · 80189721

Entry into force has not been reverified

Participants and roles: Defendant and appellant — Narva linn, A. Puškini tn 12 korteriühistu; Claimant and respondent on appeal — Osaühing Brainella

How it started · editorial summary

The association appealed a declaration that the company owed no stairwell and heating debt. The appellate court reversed for inadequate examination of the basis and calculation and remitted the case.

The dispute and the court’s decision

Osaühing Brainella sought a declaration that it owed Narva linn, A. Puškini tn 12 korteriühistu nothing for use and heating of a separated part of a stairwell. Its claim was clarified to 1354.51 euros. It disputed a 15.98 euros monthly charge and additional floor area used for heating. The first-instance court granted the claim and the association appealed. Tartu Ringkonnakohus found the claim’s scope, the charges’ legal basis and their amount inadequately examined. Absence of a proved lease did not yet exclude a possible charge under owners’ resolutions on common-property use. Those resolutions should not simply have been disregarded. The amended claim’s limits and burden of proof also required clarification. The court rejected the association’s limitation objection to the declaration claim itself. Its position might have a different significance for its monetary claim, but neither debt nor its absence was finally established. The 16.01.2018 judgment was reversed and the case remitted to the same court, with costs to follow the rehearing’s result. Success on appeal was not an award or cancellation of the disputed sum.

Outcome of this decision

The association’s appeal was granted. Viru Maakohus’s judgment of 16.01.2018 was reversed and the case remitted. The basis and amount of charges require further examination; no final debt was established. The first-instance court will decide costs according to the further outcome.

Translation of an anonymised, abridged excerpt from Estonian

Grant the appeal. […] Reverse Viru Maakohus’s judgment of 16 January 2018. Remit the case to Viru Maakohus for rehearing.

Not prepared yet

16.01.2018 · Case 2-16-16599 · Viru Maakohus · First instance

Case 2-20-137937Source: Riigi Teataja ↗

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

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

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

04.01.2021 · RulingViru Maakohus · First instance · № 2-20-137937/3Read actFirst instance04.01.2021

Separate act page

V. Gerassimovi 4: settlement on debt and instalments

Ruling · Viru Maakohus · First instance

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

Entry into force has not been reverified

Participants and roles: Applicant – Narva linn, V. Gerassimovi tn 4 korteriühistu; Debtor entering the agreement – XX

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

The dispute and the court’s decision

The court approved the agreement between Narva linn, V. Gerassimovi tn 4 korteriühistu and XX on instalment repayment of arrears and terminated the case. The demand against another debtor had previously been left unexamined; this agreement concerns XX alone. XX acknowledged an obligation covering management expenses, other payments, late-payment interest and litigation costs. It provides for six months of instalments payable at month-end. Late-payment interest of 0,02% per day accrues on unpaid management expenses and other payments; breach of the schedule makes the whole debt immediately payable. The court considered the agreement enforceable and lawful. Each bears its other costs; a court fee refund is to be resolved by separate ruling after finality. The court did not accept the parties’ waiver of appeal: it considered this impermissible in these proceedings. The ruling does not confirm performance of the schedule.

Outcome of this decision

Approve the six-month instalment agreement with XX and terminate proceedings. It provides for late-payment interest of 0,02% per day on unpaid management expenses and other payments and immediate payment of all debt if the schedule is breached. Decide the court fee refund separately; the appeal waiver was not accepted.

Translation of an anonymised, abridged excerpt from Estonian

2. Terminate proceedings in civil case No. 2-20-137937.

Case 2-19-138400Source: Riigi Teataja ↗

Narva linn, Vestervalli tn 14 korteriühistu · 80181062

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedules

How it started · editorial summary

The settlement makes a debt reduction conditional on proper payment and sets out the consequences of delay.

09.10.2020 · Court orderViru Maakohus · First instance · № 2-19-138400/38Read actFirst instance09.10.2020

Separate act page

Vestervalli tn 14: conditional reduction of debt

Court order · Viru Maakohus · First instance

Narva linn, Vestervalli tn 14 korteriühistu · 80181062

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vestervalli tn 14 korteriühistu; Person concerned, debtor — XX

How it started · editorial summary

The settlement makes a debt reduction conditional on proper payment and sets out the consequences of delay.

The dispute and the court’s decision

Narva linn, Vestervalli tn 14 korteriühistu sought management-cost arrears from XX. After the case was transferred from expedited payment-order proceedings, the parties reached a settlement. The court approved it and ended the proceedings. The reduction of the acknowledged debt depends on proper payment of the agreed amount in equal instalments over one year. Interest of 8% per year applies to the unpaid amount. The association’s litigation costs are also paid by instalments. A late or incomplete payment makes the unpaid balance recoverable on the basis of the original debt without the reduction and the agreed costs. Proper performance settles the claims for the period covered by the agreement. The association was awarded a refund of 25 euros in state fees. The parties waived appeal. The order approves the terms but does not establish that they were performed.

Outcome of this decision

Approve the settlement and end the proceedings. The debt reduction depends on proper payment; interest of 8% per year applies to the unpaid amount. On breach, the unpaid balance of the original debt without the reduction and the agreed costs becomes recoverable. Refund 25 euros in state fees to the association.

Translation of an anonymised, abridged excerpt from Estonian

1. Approve the settlement concluded between Narva linn, Vestervallli tn 14 korteriühistu and XX.

Case 2-19-131580Source: Riigi Teataja ↗

Narva linn, Tallinna mnt 21 korteriühistu · 80228958

Apartment association bills, payments and debtsDebt claims

How it started · editorial summary

The former owner relied on repayment from auction proceeds; the court established only partial payment.

14.09.2020 · RulingViru Maakohus · First instance · № 2-19-131580/20Read actFirst instance14.09.2020

Separate act page

Tallinna mnt 21: apartment sale did not repay the entire debt to the association

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 21 korteriühistu · 80228958

Entry into force has not been reverified

Participants and roles: Applicant – Narva linn, Tallinna mnt 21 korteriühistu; Interested person – former owner XX

How it started · editorial summary

The former owner relied on repayment from auction proceeds; the court established only partial payment.

The dispute and the court’s decision

The court awarded Narva linn, Tallinna mnt 21 korteriühistu the outstanding debt and 220 euros in litigation costs against former owner XX. XX believed the apartment’s auction sale had cleared the debt and did not separately dispute the amount charged. The court found that the bailiff had transferred only part of the arrears to the association. Documents confirmed the unpaid balance, and XX supplied no evidence that it had been repaid. The court explained that sale of an apartment in enforcement proceedings does not release the former owner from unpaid obligations arising before ownership transferred. The demand was considered in non-contentious proceedings, the special procedure for matters between owners and their association. The outstanding debt and costs were awarded: a 50-euro court fee and 170 euros for representative’s services, totalling 220 euros. Actual recovery of the award is not confirmed. This ruling does not establish total sale proceeds or settlements with other enforcement creditors.

Outcome of this decision

Grant the application: award the association the unpaid balance and 220 euros in litigation costs against former owner XX.

Translation of an anonymised, abridged excerpt from Estonian

3. XX shall bear the litigation costs.

Case 2-20-113940Source: Riigi Teataja ↗

Narva linn, Vahtra tn 2a korteriühistu · 80175127

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

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

01.07.2020 · RulingViru Maakohus · First instance · № 2-20-113940/5Read actFirst instance01.07.2020

Separate act page

Vahtra 2a: court approved instalments and preserved the right to appeal

Ruling · Viru Maakohus · First instance

Narva linn, Vahtra tn 2a korteriühistu · 80175127

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vahtra tn 2a korteriühistu; Debtor — XX

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

The dispute and the court’s decision

Narva linn, Vahtra tn 2a korteriühistu sought debt from XX. After transfer from expedited payment order proceedings, the participants submitted an agreement. The court found it admissible and enforceable, approved it and terminated the case. XX acknowledged the agreed obligation, including management payments, late-payment interest and court costs. Monthly payments by the last day of each month and a separate final payment were established. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach of the schedule makes the entire obligation immediately enforceable. Each participant bears costs not provided for in the agreement. The fee refund is decided separately after entry into force. Although the participants waived appeals, the court explained that such waiver was impermissible in these non-contentious proceedings: the appeal procedure remained available. The act does not confirm performance.

Outcome of this decision

Approve monthly instalments and a final payment for the acknowledged obligation. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; on breach of the schedule the entire balance is immediately due. Terminate the case, leave other costs to participants and decide the fee refund separately. Preserve the right to appeal.

Translation of an anonymised, abridged excerpt from Estonian

2. Terminate the proceedings in civil case No 2-20-113940.

Case 2-19-20166Source: Riigi Teataja ↗

Narva linn, Mõisa tn 2 korteriühistu · 80170213

Apartment association bills, payments and debtsDebt claims

How it started · editorial summary

The no-debt application ended in an agreement and allocation of the applicant’s costs to the association.

12.06.2020 · RulingViru Maakohus · First instance · № 2-19-20166/31Read actFirst instance12.06.2020

Separate act page

Mõisa 2: absence of debt confirmed by agreement

Ruling · Viru Maakohus · First instance

Narva linn, Mõisa tn 2 korteriühistu · 80170213

Entry into force has not been reverified

Participants and roles: Applicant — XX; Interested person — Narva linn, Mõisa tn 2 korteriühistu

How it started · editorial summary

The no-debt application ended in an agreement and allocation of the applicant’s costs to the association.

The dispute and the court’s decision

Applicant XX sought a declaration of no debt to Narva linn, Mõisa tn 2 korteriühistu. The participants settled and requested approval. Viru Maakohus checked the agreement and documents, found the arrangement admissible and terminated proceedings. The participants confirmed under the agreement that XX owed no apartment management or utility debt to the association as of 30 November 2019. This is an agreed term approved by the court; the ruling does not separately examine which earlier charges were correct. The association undertook to pay the applicant’s 150 euros in legal costs and half the fee, 25 euros. The agreement totals 175 euros*, payable over six months at 29 euros* per month. The association bears its own costs. Each participant bears costs not listed in the agreement. The court additionally ordered half the fee paid, 25 euros, refunded to the applicant from the budget after entry into force. The court explained that following approval the participants cannot bring the same demand concerning the same subject matter against each other again. If the monetary obligation is not performed, the creditor may apply to a bailiff. The ruling does not confirm that the association has already transferred the agreed costs.

Outcome of this decision

Approve absence of debt as of 30 November 2019. The association undertakes to pay the applicant 175 euros* over six months at 29 euros* per month. Terminate proceedings; refund the applicant a 25 euro fee.

Translation of an anonymised, abridged excerpt from Estonian

II. Terminate the proceedings in civil case 2-19-20166.