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Exclusion from a meeting: board decision set aside

Editorial summary

XX sought to set aside a board decision denying him admission to a general meeting. The court granted the admitted claim and set aside the exclusion decision without setting aside the meeting’s own decisions.

Judgment on admission of the claim · Viru Maakohus Narva kohtumaja · First instance

Narva linn, Tallinna mnt 18 korteriühistu · 80204515

Apartment association meetings and decisionsVoting and representationApartment association board and managementAuthority and representation
Participants and roles
  • XX — claimant, challenging exclusion from the meeting
  • Narva linn, Tallinna mnt 18 korteriühistu — defendant

The dispute and the court’s decision

XX challenged a board instruction of Narva linn, Tallinna mnt 18 korteriühistu, called KÜ Nartall-18 in the judgment, denying him admission to the general meeting of 3 July 2013. The court decided the case in written proceedings and granted the claim on admission. The short judgment does not give detailed circumstances of the dispute or a separate assessment of the reasons for exclusion. The instruction excluding XX was set aside, rather than the general meeting’s decisions. All litigation costs were placed on the association: XX was awarded the court fee of 100* euros and representation costs of 125* euros. Costs payable to the state were left for a separate order after the judgment becomes final. The judgment was declared immediately enforceable without security; an appeal could be lodged within 30 days after service.

Outcome of this decision

The board decision denying XX admission to the general meeting of 3 July 2013 was set aside. The association was ordered to pay the court fee of 100* euros and representation costs of 125* euros; state costs are to be decided separately.

Entry into force has not been reverified