Meeting: waste-charge and staff-pay decisions are void
Editorial summary
XX challenged meeting decisions on management costs, relying on notice, documents and the agenda. The court declared the per-person waste charge and staff-pay decisions void, while dismissing the rest of the claim.
Narva linn, Suur tn 5 korteriühistu · 80121568
Participants and roles
- XX — claimant, association member
- Narva linn, Suur tn 5 korteriühistu — defendant
The dispute and the court’s decision
XX challenged general meeting decisions of Narva linn, Suur tn 5 korteriühistu made on 3 April 2012. He alleged late notice, failure to provide financial papers and decisions outside the announced agenda. The association maintained that notice and documents were available in time and that the disputed costs fell within the board report and works plan.
The court found that notice was displayed on 18 March in compliance with the 15-day notice period in the articles, and financial papers were put in letterboxes in time. Late provision of the minutes did not prevent a timely court claim. Investigation of roof leaks, repair contributions and the service tariff were held to fall within the published agenda concerning the report and works plan.
The court reached a different conclusion on the waste charge of 0.80* euros per person. The articles required allocation by floor area; switching to resident numbers required amending the articles, which was absent from the agenda. The decision on pay for the chair, accountant and caretaker was also outside the announced business. Both decisions were declared void, meaning without legal effect from the outset. The rest of the claim was dismissed; costs were allocated 85% to the claimant and 15% to the association.
Outcome of this decision
The meeting decisions of 3 April 2012 setting a waste charge of 0.80* euros per person and pay for the chair, accountant and caretaker were declared void. The rest of the claim was dismissed; XX bears 85% of litigation costs and the association 15%.