Vestervalli tn 6: report approval declared void because provision of materials was not proved

Applicant XX sought review of the apartment association Vestervalli tn 6 decisions of 12.06.2023 on the report and articles; the association denied the grounds.

Applicant XX challenged the Narva linn, Vestervalli tn 6 korteriühistu general meeting decisions of 12 June 2023 on the board’s 2022 report and a new version of the articles. XX alleged that annual accounts had not been received beforehand and that votes and participation by a person interested in changing payments were handled incorrectly in the articles vote. The association objected that only a board activity report was discussed, materials were sent and adoption of new articles was postponed altogether. The court first examined grounds for nullity, meaning no legal effect from adoption. It found that the association submitted an annual report to the register after the meeting and rejected the assertion that only an informal activity report was considered. The applicant had given the association an email address, so preparation materials had to be sent there. The original email supplied contained the agenda, but the court could not establish attachments. Their appearance in an email forwarded to the representative did not prove timely delivery to the applicant. Failure to provide the materials was a substantial defect in meeting preparation that prevented informed voting. The first decision, approving the board’s 2022 report, was declared void. For the articles, the result differed: the minutes showed postponement to the next meeting and no adoption of a new version. The court rejected that part because there was no decision to declare void or invalidate. It therefore did not examine vote counting or voting restrictions. As the application succeeded only partly, each participant retained its own costs.

Grant the application in part: declare decision No. 1 approving the board’s 2022 report void. Dismiss the remainder. Each participant bears its own costs, which are not to be quantified.