Riser replacement: area-based contribution upheld
Editorial summary
A member sought invalidation of decisions charging for water riser replacement by apartment area. The court refused: the articles did not require every designated contribution to be allocated by resident numbers.
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 challenged Narva linn, Uusküla tn 21 korteriühistu’s meeting decisions of 20 May 2008, 2 December 2009 and 12 February 2010. They imposed and confirmed a contribution of 64.21 kroons per square metre for replacement hot-, cold- and circulation-water risers. XX argued that the articles required all designated contributions to follow actual resident numbers.
The court interpreted the articles differently. The general rule linked charges to the apartment’s share of floor area, while the resident provision applied to payments actually calculated per person. Merely calling a payment designated did not automatically make it resident-based. The court found no inconsistency between the three decisions and the articles, dismissed the claim and allocated costs to XX.
On 21 February 2011 Tartu Ringkonnakohus subsequently dismissed XX’s appeal and maintained the result; costs in both instances were left with XX. No individual debt was separately awarded by this judgment.
Outcome of this decision
The challenge to all three decisions charging 64.21 kroons per square metre for replacement risers was dismissed. XX bears costs.