Parking-space claim brought by a claimant without standing

Individual XX sued Narva linn, A. Puškini tn 10 korteriühistu to invalidate board decisions of 10 August 2017, declare the installation of parking locks unlawful and have them removed. The dispute concerned allocation of individual spaces and a monthly charge of 10 euros for using vacant spaces. XX alleged that the board had exceeded its authority. The association opposed the claim, relying on decisions taken by the apartment owners. On 10 May 2018 the county court granted the claim in the disputed part and declared the installation of parking locks unlawful. The association appealed, alleging among other things that XX was neither an apartment owner nor an association member. During the appeal XX acknowledged that another person owned the apartment and began relying on an instruction to act for that owner. The circuit court found that XX had filed the action in XX's own name through a representative. The first-instance documents did not identify the other owner as claimant, and the later explanation did not change the party to the case. The court found no basis to regard the claim as having been filed in the owner's name from the outset. By its order of 8 October 2018 the circuit court set aside the county court judgment and left the action unexamined because the asserted rights to challenge the decisions and restore the use arrangements did not belong to XX. This did not establish the substantive legality of the parking-space allocation or locks. All costs in both instances were allocated to XX; the county court must determine their amounts after the order enters into force. That calculation, enforcement and subsequent appeals have not been verified.