Co-owner’s obligation to pay building and heating charges
KÜ Joala 5 · 80158985
Participants and roles: Association — claimant; XX — defendant, co-owner; XX — other co-owner, not joined as a third party
How it started · editorial summary
Pointing to another user of the apartment did not release the co-owner from building charges.
The dispute and the court’s decision
KÜ Joala 5 (now — Narva linn, Joala tn 5 korteriühistu). The court awarded KÜ Joala 5 unpaid heating, gas equipment maintenance and building maintenance charges against XX. XX argued that another co-owner used the services and was the association member. The court explained that selecting one co-owner to participate in the association does not release the others from charges. The unchallenged charging arrangement under the association’s decisions remained binding; actual use of the apartment was a matter between the co-owners.
Outcome of this decision
The claim was granted and the debt awarded against XX. The court did not decide the other co-owner’s liability; part-payment would reduce the outstanding common obligation. XX was also ordered to reimburse the association’s fee of 75 euros and representation costs of 255 euros.
Translation of an anonymised, abridged excerpt from Estonian
Grant the claim.