Meeting notice and financial papers: challenge dismissed

OÜ Roburink challenged decisions of the general meeting of Narva linn, Linda tn 1 korteriühistu held on 13 December 2011. It sought a declaration of nullity, meaning no legal effect from the outset, or alternatively an order setting them aside. It alleged late receipt of the invitation, a missing balance sheet, defects in the 2010 report and 2011 economic activity plan, and the board’s failure to provide explanations. The association maintained that papers had been delivered to the letterbox in advance and also sent by registered post. Witness evidence and postal records established that the invitation and attachments were placed in the letterbox on 25 November 2011. The company had a reasonable opportunity to read them by the next working day, 28 November, more than two weeks before the meeting. When the company actually read them did not determine timely delivery. The balance sheet was included in the annual report provided. The court found no support for the alleged financial reporting defects. Lack of board explanations did not itself deprive the meeting of decision-making power; no basis was shown for excluding a proposed apartment disposal from the agenda. Both claims were dismissed. The company bears its own and the association’s litigation costs; the amount was not fixed in this judgment.