Invalidity of decisions to disconnect utilities

Premises owner OÜ NL Kinnisvara (12134496) sued Narva linn, Rahu tn 28a korteriühistu, named in the source as KÜ Rahu 28A. It challenged point 5 of the general meeting decision of 16 June 2009 permitting electricity, heating and water disconnection for debts of at least three months, and the board decision of 17 December 2012 making restoration of electricity conditional on full payment. It sought restoration. The association regarded its decisions as binding and raised a time-limit defence. The court declared both challenged provisions void as contrary to good morals. Disconnection made use of the premises practically impossible and disproportionately restricted the owner, while debt recovery could be pursued by less intrusive means. The court did not establish a ground based on an express statutory prohibition. The association must restore electricity. Alternative claims were refused because the primary declaration of nullity was granted; the time-limit issue was not decided. All costs were allocated to the association without fixing an amount, and the interim measure of 12 February 2013 remained in force. Actual restoration and later appeals have not been checked.