A board member’s liability for relocation of electrical cables

The association sought the cost of cable relocation from a former board member as damages, citing missing approvals. On rehearing, the court refused the claim, considering necessity and benefit to the building separately from formal decision-making.

Narva linn, A. Puškini tn 19 korteriühistu sought 7200 euros from former board member XX for moving electrical cables from the facade to the basement. It alleged that the works were not properly approved and served only certain owners. XX relied on unsafe old cables and the interests of the whole building. An earlier award had been reversed on appeal and the case remitted. The court examined witnesses, the cables’ condition, photographs and connection records. It found the need for works due to unsafe wiring proved and noted the benefit to the shared building’s safety. Separate connections to premises did not themselves exclude common interests. However, the court also said that time between ordering and performance allowed the matter to be put to a general meeting, and board discussion did not replace required documentation. The court considered the existence of damage and benefit from the works separately. It did not automatically equate all expenditure with proved loss merely because decision-making was inadequately documented. The claim was dismissed. Costs were imposed on the association, with 1995 euros awarded to XX for legal assistance under the operative part. Actual payment of awarded costs was not established.

The association’s 7200 euros damages claim was dismissed. It bears costs and must pay XX 1995 euros under the operative part. This does not mean the court approved the formal handling of every decision.