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Tallinna mnt 24: debt awarded against two owners, consultant costs not reimbursed

Viru Maakohus · First instance

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners

Tallinna mnt 24: debt awarded against two owners, consultant costs not reimbursed

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 24 korteriühistu · 80175647

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Tallinna mnt 24 korteriühistu; two interested persons XX — joint owners; association’s representative XX — management board member

How it started · editorial summary

Two owners XX must pay debt and interest jointly and severally. Only a 65 euro fee was awarded as the association’s costs; consultant costs were refused.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Tallinna mnt 24 debt and interest against two joint owners XX. They agreed to the demand at the hearing, but the court did not reimburse the association’s requested application preparation and consultation costs. The association sought principal, accrued interest and further interest of 0,022% per day. The owners sent no written objections and confirmed agreement at the hearing. The court examined the application on its merits, checking ownership, articles, invoices and calculation. No settlement was approved in the act. The court found the duty to pay maintenance and services proved. Because the apartment was jointly owned, recovery was ordered jointly and severally: the common amount may be sought from either debtor without recovering the full sum repeatedly from each. The association sought 175 euros for legal assistance. The court found that it had no contractual procedural representative: a board member filed the application and attended the hearing. Consultation and document preparation by companies did not themselves become costs of such a representative. Nor did the court accept the cost of a consultant at the hearing as reimbursable. The ruling of 2 June 2022 awarded principal and accrued interest jointly and severally, plus further interest of 0,022% per day on principal until performance. Only a 65 euro fee was awarded as costs. Subsequent payment is not confirmed.

Outcome of this decision

Grant the application. Award principal, accrued interest and further interest of 0,022% per day on principal until payment against two interested persons XX jointly and severally. Allocate costs to them and award a 65 euro fee jointly and severally.
Translation of an anonymised, abridged excerpt from Estonian
1. Grant the application.