Co-owners’ debt: only repair-fund contributions were proved

The association sought charges jointly and severally from two owners. Only the proved repair-fund contributions were awarded. The appeal court later increased that part to include December 2020; the remaining dismissal for lack of proof was retained.

Narva linn, A. Puškini tn 13 korteriühistu sought debt jointly and severally from two owners, XX. They challenged the amount charged, the floor area used and receipt of invoices. One owner also relied on the condition of a partition wall and alleged failures by the association. The court repeatedly asked the association to explain its calculation and supply supplier records. The first-instance court rejected the contention that invoices had not been received and did not treat the condition of the premises as an independent basis for avoiding every charge in this dispute. However, recovery still required proof of costs and their allocation. The association’s own invoices and accounting table did not fully establish these matters. Supplier-liability records and the basis of many tariffs were not provided. The first-instance court found only the repair-fund contributions proved and awarded them jointly and severally. The remaining claims were rejected for lack of proof. On 4 February 2022, Tartu Ringkonnakohus increased the repair-fund award to include December 2020, so that part covers the whole of 2020. The remaining dismissal was retained. Each participant bears their own costs in both instances.

The joint and several award was limited to proved repair-fund contributions. On 4 February 2022, Tartu Ringkonnakohus increased it to include December 2020 and retained dismissal of the other claims for lack of proof. Each participant bears their own costs in both instances.