Convening and agenda defects: meeting decisions declared void
Editorial summary
A member challenged meeting decisions on the board, managing company and repairs. The court declared the decisions void because the convening procedure and agenda rules were breached.
Narva linn, Tallinna mnt 18 korteriühistu · 80204515
OÜ Elamu Teenused
Participants and roles
- XX — claimant, association member
- Narva linn, Tallinna mnt 18 korteriühistu — defendant
- OÜ Elamu Teenused — managing company whose contract was affected
The dispute and the court’s decision
XX sued as a member of Narva linn, Tallinna mnt 18 korteriühistu to challenge the meeting decisions of 8 September 2010. They concerned the assessment of repairs, claims against the board, termination of the OÜ Elamu Teenused contract and replacement of the board. The association disputed XX’s standing, referring to the end of their board appointment.
The court held that XX sued as a member and found convening defects. The initial request to the board lacked the required signatures of one tenth of members; subsequent member consent did not replace that procedure. Compliance with the notice period could not be established, and the actual agenda differed substantially from the announced agenda.
The court declared all decisions of that meeting void, meaning without legal effect from adoption, and allocated costs to the association. It did not separately decide repair quality or damages.
On 4 May 2012 Tartu Ringkonnakohus subsequently upheld the judgment, dismissed the association’s appeal and allocated costs in both instances to it.
Outcome of this decision
The claim was allowed: the meeting decisions of 8 September 2010 were declared void. The association bears litigation costs.