Decision to remove a rooftop aerial set aside
Editorial summary
XX challenged a meeting decision to remove his aerial from the roof and charge him the related costs. The association admitted the claim, and the court set aside the relevant part of the decision without setting aside the entire meeting decision.
Narva linn, Soldina tn 10 korteriühistu · 80170667
Participants and roles
- XX — claimant, owner of the aerial
- Narva linn, Soldina tn 10 korteriühistu — defendant
The dispute and the court’s decision
XX sued Narva linn, Soldina tn 10 korteriühistu, called KORTERIÜHISTU TIIMANI 10 in the judgment. At the hearing he clarified his claim: to set aside item 6 of the general meeting decision of 22 April 2009 only insofar as it required removal of his rooftop aerial and charged him the costs of removal and restoration of the roof.
The association admitted the claim and agreed to reimburse litigation costs of 2,200* kroons. The court granted the clarified claim on that basis and set aside only the challenged part of item 6. It also ordered repayment to XX of half the court fee, 500* kroons. The parties waived an appeal; the judgment was declared immediately enforceable, which does not itself establish actual enforcement.
Outcome of this decision
The part of item 6 of the meeting decision of 22 April 2009 concerning removal of the aerial and charging XX the related costs was set aside. The association was ordered to pay 2,200* kroons in litigation costs, and a court-fee refund of 500* kroons to XX was ordered.