Partial debt award: accounting for payments and proving water charges

The association sought management and utility debts with late-payment interest. XX disputed the calculation and crediting of payments. The court granted only part of the claim, excluding unproved water charges.

Narva linn, P. Kerese tn 4 korteriühistu sought unpaid management and utility charges and late-payment interest. XX challenged the calculation, alleged that payments had not been credited, and refused some maintenance and repair-fund charges without explanations of tariffs and evidence of work. The association repeatedly reduced its claim and acknowledged that some earlier payments had not been accounted for. The court examined invoices, bank records, tariff resolutions and supplier calculations. It rejected unilateral exclusion of maintenance and repair-fund contributions: they concerned the upkeep of the shared building, rather than only services actually used in a particular month. A separate entrance did not itself remove liability for common expenses. Differences between individual invoices were not considered sufficient proof of forgery. However, the court found the build-up of debt and allocation of payments difficult to follow. Part of the claim was proved, but some water charges lacked the necessary price information, supplier invoices, readings and calculation. The court excluded that part and granted the application in part. It awarded proved principal, accrued late-payment interest and continuing statutory late-payment interest from 17 November 2022 until the awarded principal is paid. Procedural costs were divided equally, with the amount to be determined separately.

The application was granted in part: proved principal and late-payment interest were awarded, including continuing late-payment interest from 17 November 2022 until the awarded principal is paid. Unproved water charges were excluded. Each participant must bear 50% of the other’s costs; their amount will be determined separately after the order becomes final.