Members convening a meeting after the board missed its deadline

The members’ right to convene the meeting depended on receipt of their request and expiry of the board’s deadline under the articles.

Kangelaste pr 19 korteriühistu (now — Narva linn, Kangelaste prospekt 19 korteriühistu). XX sought to invalidate the decisions of the repeat general meeting of Kangelaste pr 19 korteriühistu on 21 December 2015 concerning replacement of the board and election of the audit committee. The court accepted delivery of the request through the mailbox because the recipient had a reasonable opportunity to read it. The board failed to convene the meeting within the two weeks set by the articles. The members could therefore convene it themselves and hold a repeat meeting after a lack of quorum.

The claim was dismissed. The court found no defect in convening the meeting that would render its decisions void. XX bears the costs and was ordered to reimburse the association 770 euros.