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Kangelaste pr 19: default judgment declared the board election and articles amendment decision void

Viru Maakohus · First instance

Apartment association meetings and decisionsArticles of association and amendmentsApartment association board and managementElection and replacement of the board

Kangelaste pr 19: default judgment declared the board election and articles amendment decision void

Judgment · Viru Maakohus · First instance

KÜ Kangelaste pr 19 · 80021192

Entry into force has not been reverified

Participants and roles: Claimant – XX; Defendant – KÜ Kangelaste pr 19

How it started · editorial summary

The default judgment declared the general meeting decision of 28 April 2017 void on the matters specified by the court.

The dispute and the court’s decision

XX brought a claim against KÜ Kangelaste pr 19 seeking a declaration that a general meeting decision was void. The court granted the claim by default: it declared void the decision of 28 April 2017 electing three board members and approving a new version of clauses 6.4 and 6.5 of the articles of association. Nullity means that the decision has no legal effect from adoption. The judgment contains an operative part and explanations of procedure, but no account of the dispute’s circumstances or reasons. The available text therefore does not establish specific irregularities in convening the meeting or voting. The association must pay XX 500 euros in costs: a 300-euro court fee and 200 euros for legal assistance. The judgment is immediately enforceable without security; actual performance is not confirmed.

Outcome of this decision

Grant the claim by default. Declare void the meeting decision of 28 April 2017 electing three board members and approving new versions of clauses 6.4 and 6.5 of the articles. Award 500 euros in costs against the association. The judgment is immediately enforceable without security.
Translation of an anonymised, abridged excerpt from Estonian
3. The judgment is immediately enforceable without security.