Equal repair charge per apartment: decision invalidated
Editorial summary
A member challenged a repair charge of 150 kroons per apartment for four months. The court invalidated that part of the meeting decision, citing the agenda and incorrect allocation of costs.
Narva linn, Kivilinna tn 13 korteriühistu · 80021654
Participants and roles
- XX — claimant, association member
- Narva linn, Kivilinna tn 13 korteriühistu — defendant
The dispute and the court’s decision
XX challenged Narva linn, Kivilinna tn 13 korteriühistu’s decision of 12 May 2010 to collect 150 kroons per apartment for the repair fund in June–September 2010 when adopting the annual management plan. The association argued that the charge formed part of the plan available to members.
The county court invalidated the charge. It considered that a separate contribution issue had not been announced and not all members attended; the equal charge also breached the statutory and articles-based floor-area rule. The association failed to prove grounds for an exceptional urgent payment. Failure to provide each member with the draft plan was not treated as a separate ground for invalidation. Costs were allocated to the association.
On 28 October 2011 Tartu Ringkonnakohus subsequently maintained invalidation because of the equal rather than area-based allocation, but corrected the reasoning: a repair contribution may be imposed through the annual plan without a separate agenda item. Costs in both instances remained with the association.
Outcome of this decision
The part of the 12 May 2010 meeting decision imposing 150 kroons per apartment for the repair fund in June–September 2010 was invalidated. The association bears costs.