Tallinna mnt 56: payment during proceedings, costs and representation

Principal and late-payment interest were paid during the case. Disputes remained over costs, representation and XX’s additional requests.

Narva linn, Tallinna mnt 56 korteriühistu sought management-cost arrears from XX. The amended claim covered principal and accrued late-payment interest. The association submitted calculations, supplier and participant invoices and resolutions setting charges. During proceedings, XX acknowledged and paid these sums but disputed liability for the association’s legal costs. XX also challenged the representative’s authority, requested recalculation of gas charges and correction of information in association documents. The court checked the register entry authorising a board member to act alone and another pending case concerning meeting resolutions. In this case, it accepted the register as the basis for representation. The entry had not changed, and litigation over the board member’s removal remained pending. The court found the calculation justified and noted that liability and the acknowledged amounts were no longer disputed. It nevertheless did not award the principal and accrued late-payment interest again, because they had been paid during proceedings. The operative part allows the application but expressly makes no monetary award for those sums because of performance. Requests to recalculate gas and correct document information were dismissed as outside the case’s subject. XX bears the association’s and XX’s own costs. Their amount is left for a separate order after entry into force. The association’s requested figure is not an amount already awarded; a new debt mentioned in its submissions was not awarded by this operative part either.

Allow the association’s application but make no repeat award of principal and accrued late-payment interest because they were paid during proceedings. Dismiss XX’s requests for gas recalculation and correction of association documents as outside the case. Order XX to bear association costs, to be quantified separately.