Riser contribution dispute: challenge held timely
Editorial summary
XX challenged a water-riser replacement contribution, while the association invoked expiry of the time limit. The court rejected that objection and continued the case without yet deciding whether the contribution was lawful.
Narva linn, Uusküla tn 21 korteriühistu · 80162768
Participants and roles
- XX — claimant, association member
- Narva linn, Uusküla tn 21 korteriühistu — defendant
The dispute and the court’s decision
XX sought to invalidate Narva linn, Uusküla tn 21 korteriühistu’s decision of 20 May 2008 imposing 64.21 kroons per square metre for replacement hot-, cold- and circulation-water risers. XX argued that the articles required allocation by resident numbers. The association argued that the three-month challenge period had expired.
The court issued an interim judgment only on timing. Under the calculation stated in the judgment, the period began on 21 May 2008 and ended on 21 August 2008. The claim filed on 21 August was therefore held timely. The objection was rejected, proceedings continued and costs were left to the final judgment.
On 14 June 2010 the county court subsequently rejected the challenge to the contribution decisions on the merits. On 21 February 2011 Tartu Ringkonnakohus upheld refusal and allocated costs in both instances to XX. Compliance with the time limit in this interim judgment did not mean the substantive claim succeeded.
Outcome of this decision
The limitation objection was rejected and proceedings continued. Allocation of costs was reserved for the final judgment.