A-A. Tiimanni tn 18c: meeting decision dispute terminated after applicant waived the claim

The applicant waived the challenge to the general meeting decision; the association did not oppose termination.

Viru Maakohus terminated proceedings on XX’s application challenging Narva linn, A-A. Tiimanni tn 18c korteriühistu’s general meeting decision of 20 July 2021. The applicant waived the demand and the association did not object. The court accepted the waiver without deciding the meeting decision’s validity. The applicant had sought a finding of nullity, meaning absence of legal effect, or alternatively to set the decision aside. The waiver removed the need for the hearing scheduled the next day, and the court cancelled it. The court also explained that termination prevents the same demand being brought against the same participant on the same grounds again. Court costs were left to the applicant. However, the association said it did not seek its own costs, so no specific amount payable to the other participant was awarded. Refund of part of the state fee was left to a separate ruling after entry into force.

Terminate proceedings, cancel the hearing and leave costs to the applicant. No costs amounts are reimbursable to the other participant. Decide the fee refund separately.