Narva Sõbralik: proceedings terminated after the claimant voluntarily waived the challenge to a meeting decision

Claimant XX challenged a meeting decision and then waived the claim; the apartment association Narva Sõbralik agreed to termination.

Claimant XX sought to have a general meeting decision of the apartment association Narva Sõbralik (now — Narva linn, A. Puškini tn 2a korteriühistu) set aside. The claimant then filed a notice of waiver of the claim. The association was notified, raised no objection and agreed to termination of the proceedings. This order does not describe the substantive objections to the meeting decision. The court found the waiver admissible and compatible with the law and the public interest, accepted it, and terminated the case without a decision on the merits by its order of 26 April 2011. The act therefore confirms neither the lawfulness of the meeting decision nor the merits of claimant XX’s original objections. All costs were left to claimant XX. However, the association did not seek reimbursement of its costs, and the operative part expressly states that there are no costs to be recovered. No money was awarded to the association. The court explained that, after termination following waiver, a claim with the same subject matter and grounds cannot be brought again against the same defendant. This is a procedural consequence of waiving the claim, rather than a separate examination of the circumstances of the meeting.

Terminate the proceedings challenging the association’s meeting decision following acceptance of claimant XX’s waiver of the claim. Leave costs to claimant XX; there are no costs to be recovered.