Absence of debt and recalculation
KÜ Tallinna mnt 21 Narva · 80228958
Participants and roles: claimant — owner XX; defendant — KÜ Tallinna mnt 21 Narva
How it started · editorial summary
The association acknowledged an accounting error in the charges.
The dispute and the court’s decision
KÜ Tallinna mnt 21 Narva (now — Narva linn, Tallinna mnt 21 korteriühistu). XX sought a declaration of no management-charge or utility debt to KÜ Tallinna mnt 21 Narva. The association acknowledged an accounting error; the court allowed the claim on admission. No debt was established for 10 October 2012–1 May 2014 as of 1 June 2014, and the association was ordered to recalculate that period. This does not excuse future payments. Costs were imposed on the association because it gave cause for proceedings. The award was 505 euros: a 175-euro fee and 330 euros in representation costs. Requested legal costs were reduced by 400 euros for drafting claims signed by the claimant and an application absent from the file. Costs concerning alleged court delay were not imposed on the opposing party.
Outcome of this decision
No debt declared for the specified period; association ordered to recalculate and reimburse 505 euros in costs.
Translation of an anonymised, abridged excerpt from Estonian
1. Allow the claim by a judgment based on admission.