Partial association debt award: invoices alone do not prove charges

The association sought debt and late-payment interest. The court found only part of the service charges proved, excluded unsupported charges and credited earlier payments towards accrued late-payment interest.

Narva linn, Spordi tn 4 korteriühistu sought utility and management debts from XX. Following an objection in payment-order proceedings, the claim was transferred to Viru Maakohus. The court requested supplier records, the basis for tariffs and an explanation of the allocation between co-owners, but no additional evidence or explanation was provided. The court found that invoices to an owner alone did not prove the association’s costs or their correct allocation. Service charges were supported by resolutions and the earlier tariff; a later increase lacked documentary support. Several utility and earmarked charges were not supported by the necessary records and were not awarded. The court applied XX’s earlier payments first to accrued late-payment interest because their intended allocation could not be established. It therefore refused the claim for late-payment interest already due, treating it as paid. Alongside proved principal, it awarded continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid. Each participant was left to bear their own costs because the partial refusal resulted from the association’s failure to provide evidence.

The application was granted in part: proved service charges and continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid were awarded. Accrued late-payment interest was treated as covered by earlier payments; unsupported charges were not awarded. Each participant bears their own costs.