Parking on green space: limits of a meeting resolution

XX sought nullity of a resolution to arrange parking behind the building. The court refused and stressed that the wording did not itself decide to build a parking area.

XX challenged the 13.04.2016 resolution of Narva linn, P. Kerese tn 6 korteriühistu to arrange parking on green space behind the building. XX considered it a material change in the shared land’s purpose requiring all owners’ consent. The association regarded resident parking as ordinary use. The court addressed nullity specifically and found no convening defect or other applicable ground. A possible breach of shared-property management rules did not itself make the resolution void. A separate claim for invalidation on other grounds was not determined here. Nor did the court find that the wording already meant construction of a parking area: paving, tree removal or other specific works were not identified. The materials did not prove a material change of purpose. The claim was dismissed and costs imposed on XX, with their amount to be determined separately. The act is not permission for any works and does not allocate individual parking spaces.

The claim to declare the 13.04.2016 resolution void was dismissed. The court did not find that construction had already been approved. XX bears their own and the association’s costs, the latter to be fixed separately.