Replacing water risers: contributions by floor area rather than resident numbers
Editorial summary
The court upheld decisions charging 64.21 kroons per square metre for replacement water risers. The articles’ exception for resident-based payments did not cover every designated contribution.
Narva linn, Uusküla tn 21 korteriühistu · 80162768
Participants and roles
- XX — claimant, association member and appellant
- KÜ Uusküla 21 Narva — defendant
The dispute and the court’s decision
XX sought to invalidate KÜ Uusküla 21 Narva’s meeting decisions of 20 May 2008, 2 December 2009 and 12 February 2010. They imposed and subsequently confirmed a contribution of 64.21 kroons per square metre for replacing hot-, cold- and circulation-water risers. XX argued that the articles required all designated contributions to be calculated by actual resident numbers. The county court dismissed the claim, and XX appealed.
The circuit court agreed with the interpretation of the articles: the general rule used the apartment’s share of total floor area, while the resident-based exception concerned payments actually calculated per resident. Calling a payment a designated contribution did not automatically place replacement of common risers within that exception. Allocation of repair costs by area also complied with the law applied. The dispute concerned whether the decisions complied with the articles, rather than a challenge to the articles themselves.
The appeal was dismissed and refusal to invalidate the three decisions upheld. Costs in both instances were allocated to XX. This determined the validity of the contribution method rather than separately awarding an individual debt. Subsequent appeals, entry into force and enforcement have not been checked.
Outcome of this decision
XX’s appeal was dismissed. The area-based riser-replacement contribution decisions remained in place; XX bears costs in both instances.