Management-charge debt based on rates approved by the general meeting

KÜ Narva Suur 9, now Narva linn, Suur tn 9 korteriühistu, claimed 6527.66 euros in principal and 2262.82 euros in late-payment interest from OÜ Rosehill, which owned non-residential premises in the building. The calculation included management, water, waste collection and heating. The company disputed the basis and clarity of the calculations, receipt of invoices and the binding effect of meeting decisions. The county court partly granted the claim on 12 October 2011, awarding 4422.78* euros in management charges. Water, waste-collection and heating charges and late-payment interest were not found proved to the extent claimed. In particular, invoices differed from the accounting statement and did not permit verification of cost allocation, while the interest calculation was unclear. OÜ Rosehill appealed against the part granting the claim. On 30 April 2012 the circuit court upheld the judgment. It considered the general meeting decisions setting management-charge rates and the information on floor area sufficient. The inconsistent invoices were not themselves the basis for the successful part of the claim: the obligation was determined using the approved rates for 1 May 2008 to 31 August 2011. The company had not proved its objections to the form of the minutes or inconsistency with the announced agendas. Arguments alleging unequal procedural treatment were also rejected: increasing a monetary claim and submitting new evidence were different procedural acts. Refusal to admit late and irrelevant photographs of the building did not prevent an increase in the claim. Each party bears its own first-instance costs; appeal costs were allocated to OÜ Rosehill. Actual payment and subsequent appeals have not been verified.