Brainella: association decisions did not support additional stair-use and heating charges

The dispute concerned the basis for extra charges for the shared staircase and the floor area used to charge heating for non-residential premises.

The circuit court granted Osaühing Brainella’s claim in full, declaring no obligation to pay the disputed rent and no additional heating debt. Osaühing Brainella sought a declaration that it did not have to pay rent or the disputed extra heating charge to the apartment association at A. Puškini tn 12. The company owned non-residential premises. The association charged for use of a separated stair section and calculated heating over a larger area. The company objected that no lease existed and heating should be charged for its premises’ area of 88,4 m². The association argued that the extra charges were based on general meeting decisions and use of the separated staircase expressed consent to the charge. On rehearing, Viru Maakohus confirmed there was no contract but found a payment duty based on meeting decisions. The company appealed dismissal of the rest of its demands. Tartu Ringkonnakohus agreed that an owners’ majority can in principle decide ordinary management of shared property. However, these particular decisions had been adopted with the 2004, 2005 and 2010 management plans and applied within those respective years. The association did not establish a basis for the disputed charges in later years. The circuit court granted the claim in full. It declared no lease relationship or rent obligation and that heating from 28 February 2011 to 31 January 2016 was payable on an area of 88,4 m². The company did not owe 285,63 euros in heating debt as at 31 January 2016. All litigation costs at both levels were imposed on the association, to be quantified by the county court after finality. No demand to demolish the partition was decided in this case.

Grant Brainella’s claim in full: no lease relationship or rent payment duty exists; heating for the stated period is calculated on 88,4 m²; no debt of 285,63 euros is owed. The association bears costs at both levels, to be quantified separately.