Management charges partly awarded; other charges remained unproven
Editorial summary
Osaühing Rosehill was ordered to pay 4,422.78* euros in management charges under meeting tariffs. Water, heating, waste and interest claims failed for insufficient and inconsistent calculations; the outcome was later upheld on appeal.
Narva linn, Suur tn 9 korteriühistu · 80121278
Osaühing Rosehill · 10972543
Participants and roles
- Narva linn, Suur tn 9 korteriühistu — claimant, named KÜ Narva Suur 9 in the source
- Osaühing Rosehill — defendant and owner of commercial premises
The dispute and the court’s decision
KÜ Narva Suur 9, now Narva linn, Suur tn 9 korteriühistu, claimed principal of 6,527.66 euros and interest of 2,262.82 euros from Osaühing Rosehill, owner of commercial premises. The company disputed charging bases, clarity of calculations and receipt of invoices.
The court stated that issuing an invoice alone did not prove the amount owed. Invoices differed from the accounting statement. Management charges nevertheless had separate support in meeting-approved tariffs and the premises’ floor area. The company did not prove its objections concerning inconsistency with meeting agendas. Nonreceipt of an invoice did not remove an obligation established by statute and meeting decisions.
The water claim lacked a clear reconciliation of consumption and payments; the basis and calculation of waste and heating charges were also unproven. Interest could not be checked against the sums, deadlines and delay periods supplied. The court did not decide the lawfulness of alterations to the heating system.
On 12 October 2011 the claim was partly granted: management charges of 4,422.78* euros were awarded, while other charges and interest were refused. Each side bears its own first-instance costs. Confirmed subsequent development: the company’s appeal was dismissed on 30 April 2012 and the judgment upheld, with appeal costs against the company. Actual payment and further appeals have not been separately reverified.
Outcome of this decision
Management charges of 4,422.78* euros were awarded; other charges and interest were refused. Each side bears its own first-instance costs and the company bears appeal costs; the result was later upheld.