Current payments could not cover unproved old debts

Narva linn, Kangelaste prospekt 12b korteriühistu sought EUR 3,847.92 in principal, EUR 490.68 in interest and continuing interest from XX. An earlier request for compulsory disposal of the apartment had been left unexamined; this order decided only the monetary dispute with the former owner’s successor. XX relied on the tenant’s payments and incorrect utility-cost allocation. Comparing transfers with invoices, the court found that matching amounts showed an intention to pay current bills even without a specific invoice number. The association could not redirect them to old debt; an accounting statement alone did not establish that old debt either. For the partly paid invoice, the court examined water and other service allocations. The articles contained no clear actual-consumption exception, so allocation by co-ownership share applied. An individual maintenance agreement did not replace the law and articles. Taking utility overpayments into account, the claimed debt did not exist. However, the court rejected the challenge to the maintenance and repair-fund decision: the necessary participation and votes existed. The debt and interest claim was dismissed. The judicial mortgage securing the claim was cancelled. The association must reimburse XX EUR 1,597.50 in costs with statutory interest from the decision taking effect until payment.