Meeting documents by email: a breach without nullity of the resolutions

XX challenged resolutions because documents were not emailed. The court recognised the duty to send them but found no material obstruction to preparation or participation and refused the application.

XX sought a declaration that four resolutions of Narva linn, Rakvere tn 20, Rakvere tn 20a, Rakvere tn 20b, Rakvere tn 20c korteriühistu made on 29.04.2019 were void: those on the report, repairs, management plan and reserve capital. The complaint was that notice and documents had not been sent to the email address notified to the association. The association relied on noticeboards and its lack of a computer. The court found that XX had previously supplied an address. Notification before the new law entered into force did not remove the duty to use known contact details. The absence of a computer was not an excuse. It separately examined whether the breach materially affected participation in decision-making. In this case, documents were on noticeboards, XX knew about the meeting, could inspect drafts and acknowledged attending. Objection to taking the decisions at the meeting was not proved. The court therefore found no ground of nullity and refused the application. It did not examine the substantive legality of each resolution as a separate invalidation claim. Costs were imposed on XX, with their amount to be determined separately.

The request to declare the 29.04.2019 resolutions void was refused. The court found a breach of the electronic-delivery duty but did not consider it sufficiently material on these facts to cause nullity. XX bears costs, with their amount determined separately.