Kangelaste 3: meeting decisions declared void by default judgment

The short default judgment declared the meeting decisions void, imposed costs on the association and explained how to seek review.

On the claim brought by XX and OÜ Rosehill, the court declared all decisions of Korteriühistu Kangelaste 3’s general meeting of 16 November 2011 void by default judgment. Being void means having no legal effect from the outset. The association was ordered to bear all proceedings costs, without an amount being fixed. The judgment was declared immediately enforceable. This short judgment has no factual account or reasons. It does not disclose the specific substance of the meeting decisions or evidence of defects, nor establish that every allegation was examined in adversarial proceedings. It records the claim’s success by default and the available review procedures. The association was told of its right to file a kaja application to reopen the case, while the claimants were told of an appeal. A party intending to seek review could request the missing facts and reasons. On 16 May 2012 the court supplied the missing factual account and reasons. The supplement based nullity on defective convening: with no response, allegations of unauthorised organisers and notice of 6 days rather than the 15 required by the articles were treated as admitted. The allegation that one owner received two votes was not assessed separately. Supplementation does not itself mean that the case was reopened or the original result reversed. Actual enforcement was not established.

The claim was granted by default: all decisions of the meeting of 16 November 2011 were declared void. The association bears costs and the judgment is immediately enforceable. No monetary costs figure was fixed.