Apartment association Puškini 10 v OÜ Filmarinar: award reduced, some utility costs unproven

The court considered OÜ Filmarinar’s appeal against the Viru Maakohus judgment of 08.05.2012 on the apartment association Puškini 10’s claim for building management costs, earmarked contributions and late-payment interest. The claim after increases was 6 030,64 euros.

The apartment association Puškini 10 sought payment from OÜ Filmarinar for building maintenance, earmarked contributions and services for the period from 1 March 2007 to 1 March 2011. After increases to the claim, the total was 6 030,64 euros. The association relied on an earlier agreement, meeting decisions, invoices and a schedule of charges. The defendant challenged the proof of costs, the documents and contractual grounds, as well as late-payment interest of 0,2% per day. On 8 May 2012, Viru Maakohus granted the claim in full. On the defendant’s appeal, the circuit court decided the case without remitting it to the first instance. It stated that an association member’s duty to pay for management of the building arises from the law; the existence of a document called an agreement does not itself make the relationship contractual. However, grounds for treating the earlier agreement as invalid or terminated had not been properly pleaded or proved in these proceedings. The court found the maintenance charge and earmarked roof repair contributions established by meeting decisions proven. For heating, waste collection and internet, however, the association’s invoices alone were insufficient: the actual costs and their allocation had to be proved. No additional evidence was submitted even after the appeal court invited it. That part of the claim was dismissed. The court also rejected the possibility of increasing by contract the statutory late-payment interest ceiling then applicable of 0,07% per day. The defendant’s allegations of damage were not determined as a counterclaim because no proper counterclaim had been filed. The appeal was partly allowed. The first-instance judgment was set aside, and a new judgment awarded 4 440,26 euros: 2 195,98 euros in principal and 2 244,28* euros in late-payment interest. Costs at both instances were allocated 73% to OÜ Filmarinar and 27% to the association.

Set aside the Viru Maakohus judgment of 08.05.2012. Issue a new judgment partly granting the claim: order OÜ Filmarinar to pay the apartment association Puškini 10 a total of 4 440,26 euros for 01.03.2007–01.03.2011, comprising 2 195,98 euros in principal and 2 244,28* euros in late-payment interest. Partly allow the appeal. Allocate first-instance and appeal costs: 73% to OÜ Filmarinar and 27% to the apartment association Puškini 10.