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Dispute over Kangelaste prospekt 12 decisions left unexamined after renewed confirmation

Viru Maakohus · First instance

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Dispute over Kangelaste prospekt 12 decisions left unexamined after renewed confirmation

Ruling leaving an application unexamined · Viru Maakohus · First instance

Narva linn, Kangelaste prospekt 12 korteriühistu · 80175498

Entry into force has not been reverified

Participants and roles: applicants XX – nine individuals; interested person – Narva linn, Kangelaste prospekt 12 korteriühistu

How it started · editorial summary

Nine applicants XX challenged the apartment association Kangelaste prospekt 12 written decisions for 2021; the association denied breaches.

The dispute and the court’s decision

Nine applicants XX sought a declaration that the Narva linn, Kangelaste prospekt 12 korteriühistu decisions of 22 February 2021 were void, meaning without legal effect from adoption, or alternatively their invalidation. The written vote concerned accounts, management and repair plans, video surveillance, parking and board elections. The applicants relied on one participant not receiving drafts, deficiencies in financial documents and breaches of candidate nomination procedure. The association objected that drafts were sent, papers were made available for inspection, accounts had been checked and alternative candidates received insufficient votes. The court did not decide these disagreements on their merits. Register data showed that the general meeting of 15 March 2022 had confirmed the 2021 decisions. The court found no information that the new decision had been challenged. It asked the applicants to explain their continuing personal legal interest in review of the former vote and substantiate invalidation. No response arrived in time. The court considered that the old decisions’ legal effects could no longer be removed by this application: the same provisions applied under the new, unchallenged decision. The applicants explained no other independent interest. The application was therefore left unexamined. This is not a judicial finding that the original procedure was lawful or a rejection of nullity arguments on their merits. Each participant bears its own costs, which the court did not quantify. The court clarified the challenged decisions’ date from the minutes as 22 February, although applicants initially gave 14 February 2021.

Outcome of this decision

Leave the application to declare the decisions of 22.02.2021 void or invalidate them unexamined. Leave costs with the participants who incurred them, without quantification.
Translation of an anonymised, abridged excerpt from Estonian
2. The participants shall bear their own litigation costs. Given this allocation, the court will not quantify them.
First instance