Madise tn 6: review of charges and partial recovery

The owner’s silence did not replace review of invoice grounds, payments and late-payment interest.

Narva linn, Madise tn 6 korteriühistu claimed management charges and late-payment interest from owner XX. The owner received the documents but did not respond. In non-contentious proceedings, the court independently examined the basis and amount: issuing invoices alone is insufficient. It established meeting resolutions setting rates, a valid management plan and supplier costs. Heating was allocated by floor area, water and gas by readings and supplier prices. A late increase for a new period was left unexamined because it followed the deadline and would require a fresh opportunity to respond. A separate application for the new period remains possible. The court checked allocation of two payments: without selection of a particular obligation, the statutory sequence applied, first costs and late-payment interest, then principal. Late-payment interest was checked using the exact statutory annual rate rather than the association’s rounded daily rates. Principal recovery was limited to the amount claimed although the calculated balance was higher. The original late-payment interest claim was partly refused; the remaining accrued late-payment interest and further statutory late-payment interest on unpaid principal from 22 August 2026 until payment were awarded. Costs were reduced from the 800 euros sought to 560 euros: a 50-euro fee and 510 euros for legal assistance. The late increase and some representative time were not reimbursed. The order does not establish performance of the award.

The application was allowed in part; debt and late-payment interest were awarded and costs reduced. The late increase for a new period was left unexamined.