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Case 2-22-9817

Narva linn, Linda tn 1 korteriühistu · 80180424

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

How it started · editorial summary

The agreement provides for instalments, separate payment of current bills and a waiver of further late-payment interest.

· Court orderViru Maakohus · First instance · № 2-22-9817/8Read actFirst instance

Separate act page

Linda tn 1: payment of arrears and current bills

Court order · Viru Maakohus · First instance

Narva linn, Linda tn 1 korteriühistu · 80180424

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Linda tn 1 korteriühistu; Person concerned — XX

How it started · editorial summary

The agreement provides for instalments, separate payment of current bills and a waiver of further late-payment interest.

The dispute and the court’s decision

Narva linn, Linda tn 1 korteriühistu sought management-cost arrears. The court approved its agreement with XX to pay the acknowledged debt and agreed costs by instalments and ended the proceedings. The association waived further late-payment interest. The order does not describe detailed objections to the charges. Monthly payments and a separate final payment were agreed. Current association bills must be paid in addition. A missed instalment allows the whole debt to be enforced. Once the agreement is performed, no mutual claims remain in this case. Agreed costs total 298 euros: 25 euros in state fees, 270 euros in legal costs and 3 euros for obtaining a document. Each participant bears other costs. The association was awarded a refund of 25 euros in state fees from the budget. The agreed appeal period is two days from service. Neither performance nor the refund is established.

Outcome of this decision

Approve payment of the acknowledged debt and agreed costs by instalments and end the proceedings. Current bills are paid separately; delay permits enforcement of the whole debt. The association waives further late-payment interest. Each participant bears other costs; refund 25 euros in state fees to the association.
Translation of an anonymised, abridged excerpt from Estonian
2. End the proceedings in civil case no. 2-22-9817 following the conclusion of a settlement agreement.
Case 2-21-133973

Narva linn, Kivilinna tn 19 korteriühistu · 80444685

Apartment association bills, payments and debtsDebt claims

How it started · editorial summary

The company paid the demand after court action and the association waived its application. The case ended, with costs imposed on the company for later quantification.

· RulingViru Maakohus · First instance · № 2-21-133973/8Read actFirst instance

Separate act page

A. Daumani tn 19: association waived demand after company paid; case terminated

Ruling · Viru Maakohus · First instance

Narva linn, A. Daumani tn 19 korteriühistu · Piigipuu Ridaelamud OÜ · 80444685 · 14554618

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, A. Daumani tn 19 korteriühistu; interested person – Piigipuu Ridaelamud OÜ; organisations’ representatives XX

How it started · editorial summary

The company paid the demand after court action and the association waived its application. The case ended, with costs imposed on the company for later quantification.

The dispute and the court’s decision

The apartment association Narva linn, A. Daumani tn 19 waived its debt application against Piigipuu Ridaelamud OÜ after payment of the demand. The court accepted the waiver and terminated proceedings. The ruling gives neither the original debt amount nor detailed objections to charges. Its reasoning shows that the company met the demand after the association went to court. It did not object to the waiver within the time allowed. The court checked that the waiver was lawful and did not infringe protected interests. Applying the rules on waiver of a claim to the application, it ended the case without a separate decision on the initial arrears. This was not a settlement or a new award of the already paid demand. Litigation costs were imposed on Piigipuu Ridaelamud OÜ because it paid only after filing. However, the court did not quantify costs in its ruling of 4 August 2022. Quantification was left to a separate decision after finality. Partial refund of the association’s court fee was also left to a separate ruling. The document therefore confirms allocation of costs and the ground for termination, but awards no specified amount in costs or refund.

Outcome of this decision

Terminate the case on the association’s application against Piigipuu Ridaelamud OÜ. The company bears costs; their monetary amount and the fee refund are to be decided by separate rulings after finality.
Translation of an anonymised, abridged excerpt from Estonian
2. Piigipuu Ridaelamud OÜ shall bear the litigation costs.
Case 2-21-142079

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesPayment accounting and set-offHeatingCalculation and allocation of heating charges

How it started · editorial summary

The court rejected the objection that payments were unrecorded and awarded remaining debt. Charges were checked against decisions, invoices and bank data.

· RulingViru Maakohus · First instance · № 2-21-142079/30Read actFirst instance

Separate act page

Kangelaste prospekt 42: court found payments correctly recorded and awarded remaining debt

Ruling · Viru Maakohus · First instance

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Kangelaste prospekt 42 korteriühistu; interested person XX — owner; association’s representative XX

How it started · editorial summary

The court rejected the objection that payments were unrecorded and awarded remaining debt. Charges were checked against decisions, invoices and bank data.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Kangelaste prospekt 42 a debt balance against owner XX. It checked bank data and the association’s calculation and found the owner’s proven payments accounted for. The association sought maintenance charges and interest. During proceedings it updated the amount for new charges and funds received. The owner claimed regular payment and challenged invoices, meeting minute extracts and interest calculations. The owner also demanded supplier contracts and considered charges unproven without them. The court examined articles, rate approval decisions, supplier invoices and payment data. Common electricity and waste collection were included in the maintenance rate set by the meeting, not charged separately. It found no excessive heating charges. The validity of meeting decisions was not at issue in this case. Comparing the owner’s statements with the association’s calculation, the court found matching payments and dates. The owner supplied no proof of payment of the remaining disputed invoices. The court derived entitlement to statutory interest from the law and articles, rejecting the argument that a separate meeting decision was required for this recovery. The ruling of 29 July 2022 awarded principal, accrued interest and further statutory interest on principal until payment. It also awarded 606 euros in procedural costs against the owner. This is the outcome established then; subsequent performance is not confirmed.

Outcome of this decision

Grant the association’s application. Award principal, accrued interest and further statutory interest on principal until performance against interested person XX. Allocate costs to that person and award 606 euros.
Translation of an anonymised, abridged excerpt from Estonian
1. Grant Narva linn, Kangelaste prospekt 42 korteriühistu’s debt application against XX.
Case 2-22-102518

Narva linn, Raudsilla tn 10 korteriühistu · 80180826

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayPayment accounting and set-offBills and justification of charges

How it started · editorial summary

The court found bailiff funds already accounted for and awarded a 761,18 euro balance against the company. The claim concerns its earlier ownership period.

· RulingViru Maakohus · First instance · № 2-22-102518/21Read actFirst instance

Separate act page

Raudsilla tn 10: debt awarded against the former owner, a company, with bailiff proceeds credited

Ruling · Viru Maakohus · First instance

Narva linn, Raudsilla tn 10 korteriühistu · Osaühing Peremaakler · 80180826 · 11523072

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Raudsilla tn 10 korteriühistu; interested person — Osaühing Peremaakler, former owner; organisations’ representatives XX

How it started · editorial summary

The court found bailiff funds already accounted for and awarded a 761,18 euro balance against the company. The claim concerns its earlier ownership period.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Raudsilla tn 10 a debt of 761,18 euros against Osaühing Peremaakler. It rejected the company’s objection that bailiff funds were ignored: the 645 euros received had already been deducted. The association sought maintenance charges for the company’s period of apartment ownership, accrued interest and costs. The company argued there was no debt because the association received money from the bailiff after auction sale. Its representative did not attend the hearing, and the applicant requested determination on the merits. The court established the ownership period and related association membership. It examined articles, management plans, meeting decisions, supplier contracts, invoices and debt calculations. The company did not specifically challenge cost allocation or prove other payments in the disputed period. The court found the calculation substantiated because it accounted for the 645 euro transfer. Sale of the apartment did not remove liability for remaining charges from the company’s ownership period. The ruling of 20 July 2022 awarded 761,18 euros in principal, 120,01 euros in interest to 16 March 2022 and further statutory interest from 17 March until principal was paid. The court reduced costs to 478* euros, limiting recoverable payment order stage costs and reducing the hearing attendance amount claimed. Statutory interest on costs runs after entry into force. The document does not confirm subsequent payment of these amounts.

Outcome of this decision

Grant the association’s application. Award 761,18 euros in debt, 120,01 euros in interest and statutory interest on 761,18 euros from 17.03.2022 until performance against Osaühing Peremaakler. Award 478* euros in costs and statutory interest on that sum after entry into force.
Translation of an anonymised, abridged excerpt from Estonian
2. Order Osaühing Peremaakler to pay 761,18 euros in debt to korteriühistu Narva linn, Raudsilla tn 10.
Case 2-20-129668

Narva linn, Spordi tn 4 korteriühistu

Apartment association bills, payments and debtsDebt claimsBills and justification of chargesPayment accounting and set-offLate-payment interest and consequences of delay

How it started · editorial summary

The association sought debt and late-payment interest. The court found only part of the service charges proved, excluded unsupported charges and credited earlier payments towards accrued late-payment interest.

· Court orderViru Maakohus · First instance · № 2-20-129668/49Read actFirst instance

Separate act page

Partial association debt award: invoices alone do not prove charges

Court order · Viru Maakohus · First instance

Narva linn, Spordi tn 4 korteriühistu ·

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Spordi tn 4 korteriühistu; Person concerned — XX

How it started · editorial summary

The association sought debt and late-payment interest. The court found only part of the service charges proved, excluded unsupported charges and credited earlier payments towards accrued late-payment interest.

The dispute and the court’s decision

Narva linn, Spordi tn 4 korteriühistu sought utility and management debts from XX. Following an objection in payment-order proceedings, the claim was transferred to Viru Maakohus. The court requested supplier records, the basis for tariffs and an explanation of the allocation between co-owners, but no additional evidence or explanation was provided. The court found that invoices to an owner alone did not prove the association’s costs or their correct allocation. Service charges were supported by resolutions and the earlier tariff; a later increase lacked documentary support. Several utility and earmarked charges were not supported by the necessary records and were not awarded. The court applied XX’s earlier payments first to accrued late-payment interest because their intended allocation could not be established. It therefore refused the claim for late-payment interest already due, treating it as paid. Alongside proved principal, it awarded continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid. Each participant was left to bear their own costs because the partial refusal resulted from the association’s failure to provide evidence.

Outcome of this decision

The application was granted in part: proved service charges and continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid were awarded. Accrued late-payment interest was treated as covered by earlier payments; unsupported charges were not awarded. Each participant bears their own costs.
Translation of an anonymised, abridged excerpt from Estonian
Leave each participant to bear their own procedural costs. There are no procedural costs to be reimbursed.
Case 2-22-105181

Narva linn, Tallinna mnt 24 korteriühistu · 80175647

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners

How it started · editorial summary

Two owners XX must pay debt and interest jointly and severally. Only a 65 euro fee was awarded as the association’s costs; consultant costs were refused.

· RulingViru Maakohus · First instance · № 2-22-105181/13Read actFirst instance

Separate act page

Tallinna mnt 24: debt awarded against two owners, consultant costs not reimbursed

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 24 korteriühistu · 80175647

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Tallinna mnt 24 korteriühistu; two interested persons XX — joint owners; association’s representative XX — management board member

How it started · editorial summary

Two owners XX must pay debt and interest jointly and severally. Only a 65 euro fee was awarded as the association’s costs; consultant costs were refused.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Tallinna mnt 24 debt and interest against two joint owners XX. They agreed to the demand at the hearing, but the court did not reimburse the association’s requested application preparation and consultation costs. The association sought principal, accrued interest and further interest of 0,022% per day. The owners sent no written objections and confirmed agreement at the hearing. The court examined the application on its merits, checking ownership, articles, invoices and calculation. No settlement was approved in the act. The court found the duty to pay maintenance and services proved. Because the apartment was jointly owned, recovery was ordered jointly and severally: the common amount may be sought from either debtor without recovering the full sum repeatedly from each. The association sought 175 euros for legal assistance. The court found that it had no contractual procedural representative: a board member filed the application and attended the hearing. Consultation and document preparation by companies did not themselves become costs of such a representative. Nor did the court accept the cost of a consultant at the hearing as reimbursable. The ruling of 2 June 2022 awarded principal and accrued interest jointly and severally, plus further interest of 0,022% per day on principal until performance. Only a 65 euro fee was awarded as costs. Subsequent payment is not confirmed.

Outcome of this decision

Grant the application. Award principal, accrued interest and further interest of 0,022% per day on principal until payment against two interested persons XX jointly and severally. Allocate costs to them and award a 65 euro fee jointly and severally.
Translation of an anonymised, abridged excerpt from Estonian
1. Grant the application.
Case 2-21-7232

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

Rights in real property

How it started · editorial summary

The association no longer maintained the request to sell the apartment because it reported that sale had already occurred. The court accepted waiver and terminated the case.

· RulingViru Maakohus · First instance · № 2-21-7232/36Read actFirst instance

Separate act page

A. Puškini tn 45a: association waived its sale claim after apartment was sold

Ruling · Viru Maakohus · First instance

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

Entry into force has not been reverified

Participants and roles: claimant — Narva linn, A. Puškini tn 45a korteriühistu; defendant XX; parties’ representatives XX

How it started · editorial summary

The association no longer maintained the request to sell the apartment because it reported that sale had already occurred. The court accepted waiver and terminated the case.

The dispute and the court’s decision

The court terminated the apartment association Narva linn, A. Puškini tn 45a’s case seeking to require defendant XX to sell an apartment. The association waived the demand, reporting that the apartment had already been sold and continuing proceedings served no purpose. The defendant did not object. The court checked admissibility, accepted waiver and ended the case without deciding grounds for compulsory disposal. The ruling does not describe the original grounds of the disposal demand. The court left each participant to bear their own costs. In allocating them it took account of the association’s objective having been achieved through sale. No reimbursement between the parties was awarded. The ruling of 10 May 2022 confirms procedural termination through the association’s waiver, rather than a judicial order to sell. The court did not substantively determine the specific grounds for compulsory sale here.

Outcome of this decision

Terminate the case following the claimant’s waiver. Leave inter-party costs to the parties themselves, with no mutual reimbursement.
Translation of an anonymised, abridged excerpt from Estonian
1. Terminate proceedings in civil case No 2-21-7232 because of the claimant’s waiver.
Case 2-21-15967

Narva linn, Tallinna mnt 32 korteriühistu · 80069939

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesApartment association meetings and decisionsArticles of association and amendments

How it started · editorial summary

The association proved principal but not grounds to apply the articles’ maximum interest. The court awarded debt and statutory interest.

· RulingViru Maakohus · First instance · № 2-21-15967/7Read actFirst instance

Separate act page

Tallinna mnt 32: principal awarded, but articles’ interest ceiling not treated as an established rate

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 32 korteriühistu · 80069939

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Tallinna mnt 32 korteriühistu; interested person XX — owner; association’s representative XX

How it started · editorial summary

The association proved principal but not grounds to apply the articles’ maximum interest. The court awarded debt and statutory interest.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Tallinna mnt 32 principal against owner XX but reduced the interest claim. The articles stated a maximum rate, but the association supplied no separate meeting decision establishing its application. The association sought payment for maintenance and utilities and charged interest of 0,07% per day. During proceedings it increased the claim for subsequent months and provided additional documents at the court’s request. The owner received the materials personally but submitted no position or objections. The court checked ownership, invoices, minutes approving rates, supplier documents and calculations. It found principal proved. The absence of objections did not replace that examination. It assessed interest differently. The articles required interest at the amount and in the manner set by the meeting, capped at “no more than 0,07% per day”. The court explained that a ceiling does not itself establish a rate of 0,07%. Without the necessary decision, it applied the statutory rate and calculated accrued interest on that basis instead of the sums sought. The ruling of 29 April 2022 partly granted the application, awarding principal, interest accrued at the statutory rate and further statutory interest on principal until performance. The interested person was left to bear their own costs and 90% of the association’s costs, with the remaining 10% borne by the association. The amount was to be determined separately. The act resolves a specific charging dispute and does not confirm that the award has already been paid.

Outcome of this decision

Partly grant the application. Award principal, accrued statutory interest and further statutory interest on principal until performance against interested person XX. Leave their own costs to them; allocate 90% of the association’s costs to them and 10% to the association. Determine the monetary amount separately.
Translation of an anonymised, abridged excerpt from Estonian
1. Partly grant Narva linn, Tallinna mnt 32 korteriühistu’s application to recover debt from XX.
Case 2-20-11613

Narva linn, […] korteriühistu

Apartment association meetings and decisionsConvening meetings and advance noticeBudget, management plan and ratesApartment association board and managementElection and replacement of the boardRepairs and shared propertyOrganisation and funding of repairs

How it started · editorial summary

The court examined resolutions of a repeat meeting and a later written vote. The appeal court retained the voidness of the management-plan and later election resolutions, removing only a reference to a point on which no decision had been made.

· Court orderViru Maakohus · First instance · № 2-20-11613/46Read actFirst instance

Separate act page

Board replacement and a management plan: different consequences of notice defects

Court order · Viru Maakohus · First instance

Narva linn, […] korteriühistu ·

Entry into force has not been reverified

Participants and roles: First applicant — XX; Other applicants, elected board members — XX; Person concerned — Narva linn, […] korteriühistu; Person concerned, former board member — XX

How it started · editorial summary

The court examined resolutions of a repeat meeting and a later written vote. The appeal court retained the voidness of the management-plan and later election resolutions, removing only a reference to a point on which no decision had been made.

The dispute and the court’s decision

Two applications concerning an association whose name and code are redacted in the source were examined together. The first applicant, XX, challenged resolutions of a repeat meeting on 03.08.2020 convened by an initiative group after the board refused. Other applicants, XX, challenged written resolutions of 24.02.2021 on another board replacement organised by the former board. The court recognised the initiative group’s right to convene: enough members had submitted a reasoned request and the board had refused. The repeat meeting procedure was regarded as compliant. However, management-plan materials had not been made available in advance and the notice did not explain access to them. Points 3–6 concerning the chair’s remuneration, improvements, repairs and changes to the financial plan were therefore declared void. Challenges to points 1, 7, 8 and 9, including removal of the former board and election of its replacement, were dismissed. The written resolutions of 24.02.2021 were declared void because they were organised by the removed board, and no request to the valid new board had been proved. Each participant was left to bear their own costs. On 28 October 2022, Tartu Ringkonnakohus retained the substantive result and first-instance costs allocation. It removed only the reference to point 2 of the 3 August 2020 meeting from the dismissal, because no resolution had been adopted on that point. Appeal costs were placed on the appellants, including reimbursement of the other group’s costs.

Outcome of this decision

Points 3–6 of the 3 August 2020 resolutions and the 24 February 2021 resolutions were declared void; challenges to points 1, 7, 8 and 9 were dismissed. On 28 October 2022, Tartu Ringkonnakohus removed only the reference to point 2, on which no decision had been made. First-instance costs remain each participant’s own; appeal costs fall on the appellants.
Translation of an anonymised, abridged excerpt from Estonian
Leave each participant to bear their own procedural costs.
Case 2-21-9037

Narva linn, Võidu prospekt 16 korteriühistu · 80061872

Damage and insuranceCause and proof of damageParking and groundsUse of shared land

How it started · editorial summary

The car damage was accepted, but the court found no fault by the association in installing the warning post. The damages claim was dismissed.

· JudgmentViru Maakohus · First instance · № 2-21-9037/19Read actFirst instance

Separate act page

Võidu prospekt 16: court refused compensation after a collision with a warning post

Judgment · Viru Maakohus · First instance

Narva linn, Võidu prospekt 16 korteriühistu · 80061872

Entry into force has not been reverified

Participants and roles: claimant XX – driver; defendant – Narva linn, Võidu prospekt 16 korteriühistu; parties’ representatives XX

How it started · editorial summary

The car damage was accepted, but the court found no fault by the association in installing the warning post. The damages claim was dismissed.

The dispute and the court’s decision

The court dismissed driver XX’s claim against the apartment association Narva linn, Võidu prospekt 16 for damage after striking a warning post in the courtyard. It accepted the car damage and its link to the collision but found that the association had exercised the required care. The claimant sought the 190-euro insurance excess, the part of repairs paid by the owner, plus accrued and continuing late-payment interest. XX alleged that the metal post installed beside a collapsed section of surfacing was hard to see and did not meet warning-sign requirements. The association objected that the post warned of a dangerous spot, had reflective strips and was visible in advance. The court considered the association’s liability as manager of the shared grounds. It separately examined property damage, causation, unlawfulness and fault. The fact that the post damaged the car did not complete that examination. From the photographs, the court considered the post sufficiently tall and visibly marked with reflective tape. A driver proceeding carefully through the courtyard could have seen it and stopped. In this case, the court considered that the rules cited by the claimant did not require a standard warning sign at that location. It found the association’s conduct consistent with expected care and did not establish the fault required for recovery. The court also refused to obtain courtyard video footage: the collision was undisputed, footage would not show visibility from inside the car and the association stated it no longer existed. The judgment of 4 March 2022 dismissed the entire claim and imposed costs on the claimant, with separate quantification. The court did not deny the car damage; refusal concerns the conditions for the association’s liability.

Outcome of this decision

Refuse to obtain the video recording and dismiss XX’s damages claim against the association in full. The claimant bears costs, to be quantified separately after the judgment becomes final.
Translation of an anonymised, abridged excerpt from Estonian
2. Dismiss XX’s claim against Narva linn, Võidu prospekt 16 korteriühistu for damages in full.
Case 2-20-14865

Narva linn, A. Puškini tn 65 korteriühistu · 80183173

Apartment association meetings and decisionsApartment association board and managementElection and replacement of the board

Latest prepared act · · № 2-20-14865/49

How it started · editorial summary

The association accepted invalidity of the board composition decision and nullity of the chair’s election. The court approved an agreement with the city rather than deciding the initial arguments in a separate judgment.

Acts in this casePrepared acts: 2 · Unprepared stages: 1
· RulingViru Maakohus · First instance · № 2-20-14865/49Read actFirst instance

Separate act page

A. Puškini tn 65: court approved agreement with city on board decisions

Ruling · Viru Maakohus · First instance

Narva linn · SA Narva Linnaelamu · Narva linn, A. Puškini tn 65 korteriühistu · · · 80183173

Entry into force has not been reverified

Participants and roles: applicant – Narva linn through SA Narva Linnaelamu; interested person – Narva linn, A. Puškini tn 65 korteriühistu; representatives and persons affected by the elections XX

How it started · editorial summary

The association accepted invalidity of the board composition decision and nullity of the chair’s election. The court approved an agreement with the city rather than deciding the initial arguments in a separate judgment.

The dispute and the court’s decision

Narva linn and the apartment association Narva linn, A. Puškini tn 65 settled their dispute about election of the board at the meeting of 11 August 2020. The court approved the agreement and ended the case, retaining the right of appeal. The city applied through SA Narva Linnaelamu and challenged decisions on board composition and the chair. The ruling does not set out detailed initial arguments or objections. Under the agreement, the association recognised as invalid the decision electing the board’s composition and removing other persons from it. Separately, it recognised the chair’s election as void, meaning without legal effect from adoption. These are agreed terms approved by the court; the ruling contains no independent detailed analysis of the grounds for invalidity. The association undertook to reimburse SA Narva Linnaelamu 25 euros in court fees within 10 days after the ruling becomes final. A further 300 euros in city costs was payable under the agreement no later than 28 February 2022, although the ruling itself is dated 3 March 2022. The source does not report whether that payment was made. Participants bear expenses not covered by the agreement themselves. The court checked the settlement’s permissibility and enforceability and approved it. A partial fee refund from the state budget was left to a separate decision. It rejected the parties’ request to exclude appeals, considering that arrangement impermissible in the procedure used. The agreed obligation to reimburse costs does not establish actual payment.

Outcome of this decision

Approve the agreement on invalidity of the board composition election of 11.08.2020 and nullity of chair XX’s election. The association reimburses 25 euros in court fees within 10 days after finality and 300 euros in city costs by the agreed deadline of 28.02.2022. Terminate proceedings. Leave other costs with the participants and decide the fee refund separately. Refuse exclusion of appeals.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-20-14865.
· Court orderTartu Ringkonnakohus · Appeal · № 2-20-14865/38Read actAppeal

Separate act page

Withdrawal of a board-election challenge: authority to represent the city

Court order · Tartu Ringkonnakohus · Appeal

Narva linn, A. Puškini tn 65 korteriühistu · Narva linn · Sihtasutus Narva Linnaelamu · 80183173 · · 90003404

Entry into force has not been reverified

Participants and roles: Applicant and appellant against the order — Narva linn; Person concerned — Narva linn, A. Puškini tn 65 korteriühistu

How it started · editorial summary

Narva challenged an association’s board elections. The first-instance court left the application unexamined after its withdrawal, but the appellate court found the person withdrawing it lacked authority and remitted the case to continue.

The dispute and the court’s decision

Narva linn challenged resolutions of Narva linn, A. Puškini tn 65 korteriühistu made on 11.08.2020 about the board’s membership and selection of its chair. A board member of Sihtasutus Narva Linnaelamu later filed a withdrawal in the city’s name. Viru Maakohus consequently left the case unexamined and imposed costs on the applicant. The city appealed, arguing that the person had no authority to represent it. Tartu Ringkonnakohus distinguished the separate legal entities: being the foundation’s statutory representative did not itself confer authority to represent the municipality. The file contained no city power of attorney, necessary confirmation of representative qualifications or subsequent city approval of the withdrawal. The appellate court reversed the order of 09.08.2021 and remitted the case to the same court to continue. It did not decide the substantive validity of the board elections. It also indicated that the authority of another city representative might require further examination. The first-instance court must determine costs and their amount according to the subsequent result.

Outcome of this decision

The city’s appeal against the order was granted. The order leaving the application unexamined was reversed and the case remitted to Viru Maakohus to continue. The board elections’ substantive validity was not decided; costs depend on the further outcome.
Translation of an anonymised, abridged excerpt from Estonian
Reverse Viru Maakohus’s order of 9 August 2021 and remit the civil case to the same county court to continue the proceedings. […] Grant the appeal against the order.
Not prepared yet

· Case 2-20-14865 · Viru Maakohus · First instance

Case 2-21-138248

Narva linn, Vaksali tn 13 korteriühistu · 80480787

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

How it started · editorial summary

After objections to the payment order, the association and debtor settled the dispute by agreement.

· RulingViru Maakohus · First instance · № 2-21-138248/5Read actFirst instance

Separate act page

Vaksali tn 13: court approved instalments agreed by association and debtor

Ruling · Viru Maakohus · First instance

Narva linn, Vaksali tn 13 korteriühistu · 80480787

Entry into force has not been reverified

Participants and roles: Applicant – apartment association; Debtor – XX

How it started · editorial summary

After objections to the payment order, the association and debtor settled the dispute by agreement.

The dispute and the court’s decision

Viru Maakohus approved the settlement between Narva linn, Vaksali tn 13 korteriühistu and debtor XX and terminated proceedings. The parties agreed payment of building maintenance arrears, a 30,03-euro court fee and 89,70 euros for legal assistance. These are agreed terms, rather than an independent judicial determination of every basis for the debt. The debtor undertook to repay the debt in monthly instalments. The agreement also provides for late-payment interest of 0,02% per day on unpaid building maintenance arrears from the agreed date. Breach of the schedule makes the entire remaining obligation immediately enforceable. The case began with an application for a payment order. After the debtor objected, papers were referred to Viru Maakohus, where the participants submitted the agreement. Each bears its other litigation costs. The court ordered a 30,03-euro court fee refund to the association from the state budget. The ruling contains the parties’ agreed waiver of appeal; actual performance of the agreement is not confirmed.

Outcome of this decision

Approve monthly instalments for the debt, 30,03 euros in court fees and 89,70 euros for legal assistance. Late-payment interest of 0,02% per day is provided on unpaid building maintenance arrears from the agreed date; breach makes the full remaining obligation immediately enforceable. Terminate proceedings. Each party bears its other costs. Refund the association 30,03 euros in court fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own litigation costs not specified in the settlement.