Kangelaste prospekt 43: refusal to amend board details set aside

The board registration dispute depended on which version of the articles determined the meeting quorum.

The circuit court set aside refusal to amend board details for the apartment association Kangelaste prospekt 43 and remitted the entry question to the registry department. Narva linn, Kangelaste prospekt 43 korteriühistu sought removal of two board members’ details and amendment of the end dates for three others. The registry department refused, considering that the deciding meeting lacked the required majority. The association objected that an earlier version of the articles had been applied. Tartu Ringkonnakohus allowed the appeal and remitted the entry question. It found that the 2011 meeting had adopted articles with a quorum, meaning the required attendance, of at least one third of members or representatives. A later meeting changed only the board’s term. Yet the 2016 application attached a text with wider changes, including the former requirement for more than half the members. Attaching that text without a corresponding meeting decision does not make those provisions part of the articles. The circuit court directed that the 2011 one-third rule be used for quorum and that the current version of the articles be established. The registry file also contained powers of attorney in Russian: the applicant must be given time to supply an Estonian translation by a sworn translator. The appeal ruling does not itself amend the board details or complete registration. It sets aside refusal and requires reconsideration using the proper articles and documents. Costs remain with the applicant; because the appeal succeeded, a fee refund may be requested separately.

Allow the appeal and set aside the registry department’s refusal of 8 November 2019. Remit the entry question for reconsideration; this act does not make the entry itself.