Vestervalli tn 6: court ordered recalculation of maintenance and heating charges

The court granted owner XX’s request to recalculate maintenance and heating. The association did not substantiate exclusion of some premises from cost allocation.

Owner XX obtained recalculation of charges from the apartment association Narva linn, Vestervalli tn 6. The court declared the maintenance and heating debt claimed against the owner absent as of 31 December 2024. The dispute concerned the floor area used to allocate common costs. The owner relied on the common ownership share and full premises area in the land register. The association excluded some non-residential premises and also accounted for some premises switching to independent heating. The applicant sought a declaration of no debt and an order to change the calculation. After clarification, the association accepted absence of maintenance debt but continued opposing the heating demands, relying on meeting decisions, articles and technical system features. The court examined the claims fully despite partial admission. For maintenance, the association did not prove a proper basis for allocating costs other than by common ownership shares. The court accepted the applicant’s calculation. For heating, it distinguished the ability to change the system from the basis for allocating costs afterwards. It did not find it proved that switching to independent heating itself required every owner’s consent. However, Vestervalli tn 6’s articles lacked sufficiently specific cost redistribution rules for this situation. The court did not accept meeting decisions as a substitute for the necessary agreement. It excluded another association’s articles as irrelevant to the dispute. The ruling of 30 June 2025 declared no maintenance debt of 724,07 euros or heating debt of 885,76* euros for August 2021 to December 2024 and ordered recalculation. Costs were allocated to the association, with the amount set separately. The court decided charges for that period, rather than awarding repayment of those sums to the applicant.

Declare that applicant XX owes the association no maintenance debt of 724,07 euros or heating debt of 885,76* euros as of 31.12.2024 for August 2021 to December 2024. Require recalculation of those payments. Allocate costs to the association and determine the amount separately after entry into force.