Soldina tn 10: court ordered access to documents without a 15-euro advance fee

Owner XX obtained access to the association’s 2023 documents. The court rejected refusal based on advance payment and an unproved risk of harm to others.

The court required the apartment association Narva linn, Soldina tn 10 to provide owner XX with documents for 2023. The association had not established grounds to refuse access or make it conditional on a 15-euro advance payment. The owner requested meeting minutes with attendance sheets, a list of incoming invoices, bank statements of receipts and payments, supplier invoices and board members’ expense reports. The association supplied only some minutes. The applicant went to court to check spending of shared funds. The association objected that it had previously allowed access, and the applicant had declined a new opportunity because of the fee. It relied on a procedure approved at a meeting, protection of others’ interests and the presence of an auditor. It also alleged bad faith by the applicant. The court found that the application after partial refusal was timely. Access to documents follows from association membership and is not replaced by an auditor. Each joint owner may request information independently. The association did not explain who would suffer what significant harm from access or prove bad faith. The advance fee was unjustified: its components and actual expenses were not established. The court distinguished electronic from paper documents. Existing electronic copies must be sent within 15 days after finality. Paper documents must be made available at the association’s registered location within the same period; at least two possible dates must be offered within five working days. The court did not require electronic copies of every paper document to be created. The receipts statement may conceal names, account numbers and payment descriptions identifying unrelated individuals. For payments made, the court accepted the owner’s interest in checking recipients and purposes of expenses. Litigation costs were imposed on the association, to be quantified separately.

Grant the application. Provide the 2023 minutes with attendance sheets, incoming invoice list, receipts and payments bank statements, supplier invoices and board expense reports. Send electronic documents within 15 days after finality. For paper documents, offer at least two dates within five working days and provide access at the association’s location within 15 days. Unrelated individuals’ data may be concealed in the receipts statement. The association bears costs, to be quantified separately.