Osaühing Rosehill: costs of challenge to apartment association Kangelaste prospekt 3’s decision allocated to association

After the nullity application succeeded, Rosehill challenged being left to bear its own costs. The main outcome concerning the articles was not at issue in this appeal.

Osaühing Rosehill challenged Narva linn, Kangelaste prospekt 3 korteriühistu’s meeting decision of 29 April 2022 adopting new articles. It cited inadequate notice, documents sent to an old non-working email address and the articles’ content. The association said it sent necessary materials to the known address and complied with convening rules. On 9 May 2025, Viru Maakohus declared the decision void, meaning without legal effect from adoption, but left each participant to bear its own costs. It considered that the company contributed to non-notification by not supplying current details. Rosehill appealed only costs, arguing that the association knew the addresses used from ongoing correspondence. The association sought to retain the original allocation. The circuit court confined review to costs. Nullity had not been appealed and, according to this act, that part was already final. The court noted a substantive dispute over the meeting decision’s lawfulness. It is normally fair to allocate costs to the losing participant. The company had properly sought judicial protection because convening rules were breached and incurred costs that would not otherwise have arisen. The ruling of 31 October 2025 allowed the appeal, allocating first-instance and appeal costs to the association, with the amount to be set later by Viru Maakohus. It also explained that the fee for this appeal was 50 euros rather than the 70 paid; a request was needed for a 20 euro refund. This explanation is not a refund already made.

Set aside the costs allocation in the ruling of 09.05.2025 and allocate costs to the association. Allow Rosehill’s appeal against the ruling and allocate its costs to the association too. Viru Maakohus will determine the amount after the final act enters into force.