Roof leak: association ordered to compensate damage

Owner XX, acting through representative XX, claimed compensation from Narva linn, Suur tn 5 korteriühistu for water damage to the apartment. The association denied receiving complaints and attributed dampness to thermal bridges in the building’s construction. It also challenged the inspection report and estimate for reinstatement works submitted by the claimant. The court found that the roof was in a hazardous condition and a 2008 meeting had decided to include its replacement in the 2009 plan. The association knew about leaks but failed to implement the decision in either 2009 or 2010. The court found breach of its duty of care for common property and causation: timely repair would have prevented rainwater entering the apartment. The inspection opinion and estimate were assessed as documentary evidence although they were not a court-appointed expert report. Visible water marks and the other materials established damage; the thermal-loss report did not prove that condensation at thermal bridges had caused those marks. The association was ordered to pay damages of 904.35* euros and litigation costs of 191.73* euros, while bearing its own costs. The court did not grant separate permission to appeal in simplified proceedings, retaining the possibility described in the judgment for an appeal involving significant errors. An award does not establish actual payment.