Narva Sõbralik: objections to authority and charges

Objections about authority and accounts did not remove the duty to pay established charges.

KÜ Narva Sõbralik (now — Narva linn, A. Puškini tn 2a korteriühistu). KÜ Narva Sõbralik claimed management charges and late-payment interest from owner XX. The defendant disputed the signatory’s authority, the response deadline, the basis for the charge under the articles and the annual accounts. The court confirmed authority using a registry extract as at filing; the order admitting the claim provided a response period. The provision cited by the defendant concerned members’ rights rather than the disputed charge; other comments about accounts were considered irrelevant to this claim. The court found that the association had provided the necessary evidence and there were no substantive objections to the specific debt or calculation. The claim was allowed in simplified proceedings: debt, accrued late-payment interest, further late-payment interest under the operative part of 0.07% per day on principal from 1 August 2015 until payment, and the state fee were awarded. The court considered the objections filed; this was not a default judgment. Performance was not established.

The claim was allowed after examination of the objections; debt, late-payment interest and the state fee were awarded.