Board composition dispute at apartment association Kangelaste prospekt 17 ended after a new meeting

Four applicants XX challenged apartment association Kangelaste prospekt 17’s meeting decisions of 22.02.2023 changing board membership.

Four applicants XX sought a finding that general meeting decisions had no legal effect from adoption, or were void. The decisions were taken by Narva linn, Kangelaste prospekt 17 korteriühistu on 22 February 2023 to recall the former board and elect a new one. The court discovered in the register that another meeting on 18 October 2023 had elected the board afresh. Review of the February decisions would no longer affect the current composition, so it asked for views on continuing the case. The applicants agreed to termination but asked for 240 euros in costs to be allocated to former board and initiative group members. The court treated agreement as waiver of the application, accepted it and terminated without deciding nullity. The association’s representative also agreed to termination. Costs were left jointly and severally to the applicants; their request to determine reimbursable costs was rejected. The individuals they named were not parties and could not bear costs of these proceedings. The association incurred no proven costs: its response was prepared by a statutory representative. The court separately explained the possibility of an independent damages claim and requesting half the fee back. This act did not establish nullity of the February decisions.

Terminate proceedings in case 2-23-4315. Leave costs jointly and severally to the applicants and reject their application to determine reimbursable costs; no sums are reimbursable to participants.