Uusküla tn 9 association ordered to reimburse 2 500 euros for a shared riser rupture

The insurer sought reimbursement for a pipe rupture first from two owners XX, then alternatively from the Uusküla tn 9 association.

AB „Lietuvos draudimas“, acting through its Estonian branch, initially sought 2 500 euros in insurance compensation paid for water damage on 26 June 2022 from two owners XX. The owners objected that the damaged pipe was shared property within the association’s responsibility. In August 2024, the insurer brought an alternative demand against Narva, Uusküla tn 9 korteriühistu. The association admitted the incident’s circumstances and agreed that the application should be granted: a shared hot-water riser had ruptured. The insurer then waived its demands against the individuals. The court accepted the waiver and ended proceedings concerning both owners; this is the procedural result of waiver, rather than a separate ruling that no possible owner liability existed. The court examined the demand against the association on its merits. It established that the pipe formed part of the shared system, the association’s duty to monitor its condition and keep it working, a link between breach and insured property damage, and payment of 2 500 euros. The rupture supported a presumption of breach of the maintenance duty; the association neither rebutted it nor proved the breach excusable. Following insurance payment, the corresponding claim passed to the insurer. The association was ordered to pay 2 500 euros and statutory late-payment interest from 27 August 2024. Of 594 euros claimed in costs, 512 euros was awarded: a 50-euro fee and 462 euros for assistance, excluding steps before the demand was made against the association. Interest on costs was also awarded after finality. The two owners’ costs were imposed on the insurer, but no specific reimbursement was set because they supplied no statement.

Accept waiver of the application against two individuals XX and terminate proceedings concerning them. Grant the demand against the association: award 2 500 euros, statutory interest from 27.08.2024 until payment, and 512 euros in costs with interest after finality. Impose the individuals’ costs on the insurer, leaving the amount undetermined because reimbursement was not requested.