Challenge to a meeting decision already repealed by the association

Individual XX challenged a provision adopted at the general meeting of KÜ Kangelaste pr 19, now Narva linn, Kangelaste prospekt 19 korteriühistu, on 25 October 2009. It permitted electricity and utility services to be cut off for arrears. The claimant sought its annulment. The association opposed the claim, relying among other things on the provision having been repealed at a subsequent meeting on 14 March 2010. The county court granted the claim on 14 December 2010. It considered that repeal of the earlier provision had not appeared on the announced agenda of the later meeting, making that subsequent decision void. The association appealed. On 10 October 2011 the circuit court reached the opposite conclusion. It held that discussion of the arrears and possible disposal of the apartment also covered repeal of the earlier service-disconnection provision. The claimant had attended the meeting and understood what was being decided. The court found no defect in convening the meeting that would render the later decision void. Since the association had already repealed the disputed provision, there was no basis to annul it again by a court judgment. The part of the judgment granting the claim was set aside and the claim dismissed. This did not determine the substantive legality of disconnecting services. First-instance costs remained with the association: it had caused the dispute and repealed the provision only after the claim was filed. It was ordered to pay a court fee of 319.55 euros to the state. Appeal costs were allocated to claimant XX. Actual enforcement and the judgment's entry into force have not been separately verified. Confirmed subsequent development: a separate order of 11 June 2013 addressed the amounts of costs following this case and reduced the association’s recovery. The underlying meeting dispute was not reconsidered.