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Rahu tn 28a: court approved two debtors’ agreement with the association

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

Rahu tn 28a: court approved two debtors’ agreement with the association

Ruling · Viru Maakohus · First instance

Narva linn, Rahu tn 28a korteriühistu · 80158560

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Rahu tn 28a korteriühistu; interested person XX — party to the agreement; other interested person XX — party to the agreement; association’s representative XX

How it started · editorial summary

Two persons acknowledged a common joint and several obligation. The court approved the agreement, but performance of the schedule with already elapsed deadlines is not confirmed.

The dispute and the court’s decision

The court approved Narva linn, Rahu tn 28a korteriühistu’s agreement with two interested persons XX and terminated the case. The participants acknowledged a common obligation for building maintenance, other payments and court costs; the act does not set out detailed objections to charges. The two persons are jointly and severally liable: the common unpaid amount may be sought from either, but cannot be recovered in full twice. The schedule provides three equal payments with deadlines before the ruling. The document does not say whether they had been made by approval. Breach makes the obligation immediately enforceable and requires payment of earlier interest specified in the agreement and further interest of 0,02% per day on unpaid maintenance expenses and other payments. The court did not find that these conditions had occurred. Each party bears other costs; the association was awarded a 32,50 euro fee refund. The act states that the parties waived appeals. Approval does not confirm schedule performance or the current balance.

Outcome of this decision

Admit the application, approve the agreement on two persons’ joint and several obligation and three equal payments, and terminate the case. Breach provides for immediate performance, earlier interest and further interest of 0,02% per day on unpaid maintenance expenses and other payments. Leave other costs to participants; refund the association a 32,50 euro fee.
Translation of an anonymised, abridged excerpt from Estonian
3. Terminate proceedings in civil case No 2-22-138703.