Management charges of a non-residential owner
KÜ Puškini 10 · OÜ Analan Auto · 80038614 · 10339202
Participants and roles: claimant on rehearing — KÜ Puškini 10; defendant and non-residential owner — OÜ Analan Auto; claimant representative XX; claimant adviser XX; defendant representative XX
How it started · editorial summary
On rehearing, the company’s management-charge debt was proved.
The dispute and the court’s decision
KÜ Puškini 10 (now — Narva linn, A. Puškini tn 10 korteriühistu). KÜ Puškini 10 claimed management and utility charges from OÜ Analan Auto. On 14 May 2010 Tartu Ringkonnakohus overturned the initial refusal of 18 December 2009 and remitted the case to establish the amount of costs. On rehearing, the court examined the charter, tariff and roof-repair decisions, corrected bills and a consolidated calculation. The company disputed the basis of charges and treated its payments as water payments. The court affirmed the non-residential owner’s common-cost obligations, found the claim proved and found the alleged water payments unsupported by the required evidence. The claim was allowed for 3,114.73* euros. The new reasoning states that no late-payment interest was claimed. Costs were imposed on the company without fixing their amount separately.
Outcome of this decision
3,114.73* euros awarded; company bears costs, whose amount was not separately fixed.
Translation of an anonymised, abridged excerpt from Estonian
2. Leave court costs with the defendant.