Madise tn 8: management costs and the ownership entry

The court awarded management-cost arrears against heir XX. Succession-proceeding costs were not awarded in this case; the court identified a different procedure for them.

Narva linn, Madise tn 8 korteriühistu obtained an award of apartment management-cost arrears and late-payment interest against heir XX. The court established acceptance of the inheritance: liability for management costs does not depend on whether the ownership entry in the land register has changed. Documents were served personally but no response was filed; that does not mean voluntary payment. The court returned the association’s additional request to change the ownership entry. It was a new claim that could not be decided with this management-cost application, and the entry itself did not affect the association’s property rights. The request for succession-proceeding costs was dismissed in this case. The court treated it as a separate damages claim requiring action proceedings, without deciding every possible basis for such an action. The operative part awarded principal debt, accrued and further statutory late-payment interest on the principal until payment, and 1 010 euros in litigation costs. Actual enforcement is not established.

Allow the application in part. Award the principal debt, accrued and further statutory late-payment interest on the principal until payment against XX for the association. Dismiss the succession-cost claim. Award 1 010 euros in litigation costs.