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Kangelaste 34: joint and several award and notarial costs

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners

Kangelaste 34: joint and several award and notarial costs

Judgment · Viru Maakohus · First instance

KÜ Kangelaste 34 · 80170621

Entry into force has not been reverified

Participants and roles: claimant — KÜ Kangelaste 34; two defendants — co-owners XX

How it started · editorial summary

The default award includes notarial costs and joint and several liability of two co-owners.

The dispute and the court’s decision

KÜ Kangelaste 34 (now — Narva linn, Kangelaste prospekt 34 korteriühistu). KÜ Kangelaste 34 sought management charges, late-payment interest and reimbursement of notarial costs incurred to formalise the rights of two co-owners XX. Both received the claim documents against signature but did not respond. The court allowed the claim by default, treating the association’s factual allegations as admitted in that procedure and the claim as legally justified. Debt, accrued late-payment interest, notarial costs and litigation costs of 545 euros were awarded jointly and severally. The association may seek performance from any debtor without recovering the same debt repeatedly. Further late-payment interest of 0.07% per day was awarded on the principal from 1 May 2016 until payment. The judgment is immediately enforceable without security; actual performance was not established.

Outcome of this decision

The claim was allowed by default; debt, late-payment interest and costs were awarded jointly and severally against two co-owners.
Translation of an anonymised, abridged excerpt from Estonian
5. The default judgment is immediately enforceable (TsMS § 467(1), § 468(1)(2)).