Pähklimäe tn 11: water-charge correction on OÜ Peremaakler’s appeal

Water readings in the handover record changed part of the award, but a payment on earlier debt did not reduce this claim.

Narva linn, Pähklimäe tn 11 korteriühistu sought 1147.44 euros in management charges from OÜ Peremaakler for 1 February 2020 until ownership ended on 7 October 2021; the association withdrew late-payment interest. The company disputed water charges and allocation of a 350-euro receipt. It appealed the order after the first-instance court allowed the principal in full. The appellate court admitted additional documents permissible in support of such an appeal. Final water readings in the handover record were lower than those used in the invoices. The excess 29.82 euros was therefore refused, leaving an award of 1117.62 euros. The court upheld the other charges. The 350-euro receipt discharged an earlier obligation established by another court order; the balance of that debt was not the balance claimed here. Discontinuance of the late-payment interest claim remained in force. Costs in both instances were allocated 97% to OÜ Peremaakler and 3% to the association. The first-instance court will quantify costs after the order becomes final. Performance of the award was not established.

The appeal against the order was allowed in part: the award was reduced to 1117.62 euros and 29.82 euros refused; costs were reallocated.