26. Juuli 13: agreement on absence of mutual claims

Instead of debt recovery, the parties agreed that they had no mutual claims as at a specified date.

The court approved an agreement that the apartment association 26. Juuli tn 13 and two participants XX had no mutual claims as at 31 December 2019 and terminated the case. Narva linn, 26. Juuli tn 13 korteriühistu sought arrears from two participants, XX and XX. They objected to the payment proposal and the demand was referred to Viru Maakohus. The court then clarified the procedure: a dispute over owners’ and the association’s rights and duties was to be resolved in non-contentious proceedings. The participants settled. Under the settlement, XX and XX had no debt to the association for apartment management expenses and utilities as at 31 December 2019. In turn, they had no claims against the association on that date. The court found the agreement permissible, approved it and terminated proceedings. It made no separate decision on the correctness of the initial charges. Each participant bears its own litigation costs except the state legal aid costs for XX and XX. The court left these with the state: the association had effectively waived its demand, and requiring other participants to repay the aid would be extremely unfair. The amount of aid is determined separately. The court ordered the association refunded 25 euros, half the proper court fee, and 236,90 euros in overpayment after the ruling becomes final. These are two independent grounds for refund: excess payment and settlement. The ruling orders reimbursement but does not confirm transfer of the money.

Approve the settlement and terminate proceedings. State legal aid remains payable by the state; each bears its other costs. Refund the association 25 euros in court fees and 236,90 euros in excess payment.