Maintenance and water arrears: parking dispute did not justify withholding payment

KÜ Punane Maja, now Narva linn, Tallinna mnt 33 korteriühistu, claimed maintenance charges, metered water charges and interest from VETA-A Kaubamaja AS. Under a court-approved 2007 settlement, the company contributed to maintenance but not common repairs, undertaking repairs within its shop itself. It disputed the tariff’s components and amount and cited restrictions on customers’ access and parking. The court accepted the reduced tariff applied to the company and the crediting of earlier payments. Administrative costs could form part of maintenance; no breach of the settlement was established. Water consumption was charged by meter readings. The court checked the interest and awarded less than the association had calculated. Withholding payment over the parking conflict was unjustified: the company had not proved an enforceable counterclaim with a sufficient connection to the charges. Allegations of interference with trade did not substitute for that evidence. The judgment did not establish an independent entitlement to particular parking spaces. On 25 October 2012 the court awarded principal of 6,356.13 euros and interest of 2,543.60 euros, totalling 8,899.73 euros, with costs against the company. Confirmed subsequent development: the appeal was dismissed on 26 June 2013 and the award upheld. An annotation in the source records refusal to admit the cassation appeal and entry into force on 4 December 2013. This is a historical source annotation; present status and actual payment have not been separately reverified.