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Legal archive: reviews of court practice concerning Narva apartment associations

This section contains analytical reviews and editorial summaries of publicly available court decisions concerning relations between apartment owners and apartment associations in Narva. The information has been prepared by the Žuk Kinnisvara team for informational purposes.

We explain complex legal acts in plain language. Our archive is continually updated.

We plan to add reviews of decisions of the Supreme Court of Estonia (Riigikohus) on important issues concerning relations between apartment owners and apartment associations.

Before making important legal decisions, always check the official status and full case text in the state register (Riigi Teataja / e-Toimik).

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2-15-6226

Narva linn, Tallinna mnt 17 korteriühistu · 80170377

Apartment association bills, payments and debtsDebt claims

Editorial summary

The default judgment established joint and several liability of two defendants for the debt and procedural costs.

· JudgmentViru Maakohus · First instance · № 2-15-6226/9Read actFirst instance

Separate act page

Tallinna 17: joint and several recovery from two defendants

Judgment · Viru Maakohus · First instance

KÜ Tallinna 17 · 80170377

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Tallinna 17; Two defendants, joint and several debtors — XX

Editorial summary

The default judgment established joint and several liability of two defendants for the debt and procedural costs.

The dispute and the court’s decision

KÜ Tallinna 17 (now — Narva linn, Tallinna mnt 17 korteriühistu) brought a debt claim against two persons XX. After service of the claim, the court entered a default judgment for failure to respond, without a descriptive section or reasoning. The act does not disclose the composition of the charges or potential objections. The claim was granted in full: the debt was awarded against both defendants jointly and severally. This is one obligation, not a separate full debt owed by each. Procedural costs were also imposed jointly and severally; the association was awarded 391 euros in costs. Separately, it is to receive a refund of 25 euros in overpaid state fees. The judgment is immediately enforceable, but receipt of money is not established. The defendants were informed of reopening by kaja within 30 days after service or, for public service, after learning of the judgment or enforcement. The claimant was informed of an appeal to Tartu Ringkonnakohus within 30 days after service, no later than five months after public announcement.

Outcome of this decision

The claim was granted in full by default: debt and 391 euros in costs were awarded against two persons XX jointly and severally. Refund 25 euros in overpaid state fees to the association. The judgment is immediately enforceable; subsequent performance is not established.
2-15-5025

Narva linn, Linda tn 1 korteriühistu · 80180424

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules

Editorial summary

The approved instalments do not remove the obligation to pay current invoices and include consequences of delay.

· Court orderViru Maakohus · First instance · № 2-15-5025/10Read actFirst instance

Separate act page

Linda 1: instalments over 31 months and current invoices

Court order · Viru Maakohus · First instance

KÜ Linda 1 · 80180424

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Linda 1; Defendant — XX

Editorial summary

The approved instalments do not remove the obligation to pay current invoices and include consequences of delay.

The dispute and the court’s decision

KÜ Linda 1 (now — Narva linn, Linda tn 1 korteriühistu) claimed debt and late-payment interest from XX. The participants submitted a settlement; the court approved it and terminated proceedings without separately deciding the original claim on its merits. XX acknowledged principal and accrued late-payment interest and agreed to reimburse 373 euros in the association’s procedural costs. Monthly repayment over 31 months is provided for, with early payment allowed. The association waived further late-payment interest if the agreement is complied with. Current invoices must be paid in addition to the instalments. A late instalment makes the whole debt enforceable with late-payment interest; the rate on the amount that has become due is 0.1% per day. Performance settles the mutual claims in this case. Procedural costs were allocated and fixed by agreement. After the order becomes final, the association is to receive a refund of 100 euros, half the state fee. The participants shortened the interlocutory appeal period to 2 days after service; the act also states an outer limit of five months after the order. Actual performance of the schedule or receipt of the refund is not established.

Outcome of this decision

The instalment settlement was approved and proceedings terminated. Current invoices remain payable separately; delay allows full recovery with late-payment interest of 0.1% per day. Costs follow the agreement; refund 100 euros in state fees to the association after finality.
2-15-106808

Narva linn, P. Kerese tn 15 korteriühistu · 80218285

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedulesLate-payment interest and consequences of delay

Editorial summary

The court approved the agreement between the apartment association Kerese 15 Narva and defendant XX on instalments and the consequences of breaching the schedule, and terminated the case.

· RulingViru Maakohus · First instance · № 2-15-106808/8Read actFirst instance

Separate act page

Debt to the association agreed to be repaid at 35 euros per month

Ruling · Viru Maakohus · First instance

Kerese 15 Narva KÜ · 80218285

Entry into force has not been reverified

Participants and roles: Claimant Kerese 15 Narva KÜ — creditor under the agreement.; Defendant XX — acknowledged the principal debt and accepted the schedule.

Editorial summary

The court approved the agreement between the apartment association Kerese 15 Narva and defendant XX on instalments and the consequences of breaching the schedule, and terminated the case.

The dispute and the court’s decision

The apartment association Kerese 15 Narva brought a claim for debt and late-payment interest. The parties agreed the amounts of principal and costs and submitted an agreement for monthly instalments to the court. If even one payment is late by just one day, the entire balance becomes immediately payable. A contractual penalty intended to compensate for interest accrued by the time of the agreement, and further late-payment interest of 0,1% per day on the unpaid balance, are also provided for. These are agreed consequences of breach, not confirmation that they were actually applied. The court found no conflict with the law or good morals, approved the agreement and terminated the proceedings. Costs not named in the agreement remain with the defendant. After the ruling enters into force, half the state fee paid, 100 euros, is to be refunded to the association from the budget. Performance of the schedule has not been established.

Outcome of this decision

Approve the instalments and consequences of late payment: immediate payment of the balance, a contractual penalty and further late-payment interest. Terminate the case and allocate costs under the agreement; refund the association 100 euros in state fees after the ruling enters into force.
2-15-7580

Narva linn, Soldina tn 18c korteriühistu · 80061091

Apartment association bills, payments and debtsDebt claims

Editorial summary

The apartment association Valge Sein obtained a default award of debt against defendant XX, who did not respond to the claim served.

· JudgmentViru Maakohus · First instance · № 2-15-7580/5Read actFirst instance

Separate act page

Default judgment awarded 746,14 euros in debt and 185 euros in costs

Judgment · Viru Maakohus · First instance

KÜ Valge Sein · 80061091

Entry into force has not been reverified

Participants and roles: Claimant KÜ Valge Sein — sought debt.; Defendant XX — did not respond to the claim.

Editorial summary

The apartment association Valge Sein obtained a default award of debt against defendant XX, who did not respond to the claim served.

The dispute and the court’s decision

The apartment association Valge Sein brought a claim for principal debt against defendant XX. The claim documents were served, but the defendant did not submit a response within the deadline. The court granted the claim by default judgment and awarded the principal and court costs, including the state fee and legal assistance. The judgment was issued without a factual description or reasons: it does not disclose a detailed debt calculation or substantive objections from the defendant. The judgment is immediately enforceable without security. This allows enforcement to be sought before the usual point at which a judgment becomes final, but does not confirm that the association received the money awarded.

Outcome of this decision

Award the apartment association Valge Sein principal debt and court costs against XX. The judgment is immediately enforceable without security.
2-15-6248

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedulesLate-payment interest and consequences of delay

Editorial summary

The apartment association Gerassimovi 4 Narva and defendant XX agreed to repay the debt over 12 months. The court approved the agreement and terminated the case.

· RulingViru Maakohus · First instance · № 2-15-6248/9Read actFirst instance

Separate act page

Agreement on a 1 802,35 euro debt approved with instalments over one year

Ruling · Viru Maakohus · First instance

KÜ Gerassimovi 4 Narva · 80170236

Entry into force has not been reverified

Participants and roles: Claimant KÜ Gerassimovi 4 Narva — claimed the debt.; Defendant XX — accepted the payment schedule.

Editorial summary

The apartment association Gerassimovi 4 Narva and defendant XX agreed to repay the debt over 12 months. The court approved the agreement and terminated the case.

The dispute and the court’s decision

The apartment association Gerassimovi 4 Narva and defendant XX agreed to repay a debt for use of housing and utilities over 12 months. Payments must arrive no later than the last day of the relevant month; early repayment is allowed. Late-payment interest on the debt stops accruing when the agreement is signed. The court found the terms lawful, consistent with the participants’ interests and enforceable, approved the agreement and terminated the case. Each party bears its own costs; there are no sums to be recovered from the other party for costs. Refund of costs, including the association’s request for a refund of half the state fee, was left to a separate ruling after the present ruling entered into force. Performance of the schedule has not been established.

Outcome of this decision

Approve instalments over one year, cessation of late-payment interest from signing of the agreement and a right to early payment. Terminate the case; leave each party to bear its own costs. Decide refund of costs separately.
2-14-58302

Narva linn, Joala tn 5 korteriühistu · 80158985

Apartment association bills, payments and debtsDebt claims

Editorial summary

The court approved the agreement between the apartment association JOALA 5 and defendant XX on payment of the debt and terminated the proceedings.

· RulingViru Maakohus · First instance · № 2-14-58302/43Read actFirst instance

Separate act page

Building maintenance costs dispute ended in an agreement for 864,64 euros

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU JOALA 5 · 80158985

Entry into force has not been reverified

Participants and roles: Claimant KORTERIÜHISTU JOALA 5 — claimed the debt.; Defendant XX — undertook to pay the agreed amount.

Editorial summary

The court approved the agreement between the apartment association JOALA 5 and defendant XX on payment of the debt and terminated the proceedings.

The dispute and the court’s decision

The apartment association JOALA 5 and defendant XX agreed on payment of a debt for housing maintenance costs. The settlement terms reproduced contain no separate schedule or payment deadline. The court found the agreement lawful, enforceable and consistent with the participants’ interests, approved it and terminated the case. The ruling contains no independent assessment of all the original arguments about the debt calculation. Each party bears its own court costs; there are no costs to be recovered from the other party. The court left the refund of half the state fee to a separate ruling. The parties agreed on a five-day appeal period after service.

Outcome of this decision

Approve the debt payment agreement and terminate the case. Leave each party to bear its own costs; determine the refund of half the state fee separately.
2-15-4226

Narva linn, Tallinna mnt 36 korteriühistu · 80170153

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

After service of the claim via the mailbox, the court considered the apartment association Tallinna mnt 36’s claim against XX by default and declared the judgment immediately enforceable without security.

· JudgmentViru Maakohus · First instance · № 2-15-4226/10Read actFirst instance

Separate act page

Default judgment awarded a debt of 1 332,11 euros and late-payment interest of 174,14 euros

Judgment · Viru Maakohus · First instance

KÜ Tallinna mnt 36 · 80170153

Entry into force has not been reverified

Participants and roles: Claimant KÜ Tallinna mnt 36 – sought debt and late-payment interest.; Defendant XX – person ordered to pay the debt, late-payment interest and court fee.

Editorial summary

After service of the claim via the mailbox, the court considered the apartment association Tallinna mnt 36’s claim against XX by default and declared the judgment immediately enforceable without security.

The dispute and the court’s decision

The apartment association Tallinna mnt 36 brought a claim for debt and late-payment interest. The documents were served on the defendant via the mailbox. The court proceeded by default under the provision governing failure to respond to a claim. The association was awarded the debt, accrued late-payment interest and the court fee paid; litigation costs were imposed on the defendant. The operative part does not order further accrual of late-payment interest. The judgment was drawn up without an account of the case or reasons, so it does not disclose the detailed calculation grounds or substantive objections. The judgment is immediately enforceable without security. This is a procedural feature of the judgment; it does not establish actual payment of the awarded sums.

Outcome of this decision

Award the apartment association Tallinna mnt 36 the debt, accrued late-payment interest and court fee against XX. Costs are borne by the defendant. The judgment is immediately enforceable without security.
2-15-2425

Narva linn, Soldina tn 10 korteriühistu · 80170667

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay

Editorial summary

The court granted the apartment association TIIMANI 10’s claim against two defendants XX by default and imposed a shared obligation to pay the debt, late-payment interest and court fee.

· JudgmentViru Maakohus · First instance · № 2-15-2425/8Read actFirst instance

Separate act page

Two defendants ordered jointly and severally to pay 1 664,83 euros in debt and late-payment interest

Judgment · Viru Maakohus · First instance

KORTERIÜHISTU TIIMANI 10 · 80170667

Entry into force has not been reverified

Participants and roles: Claimant KORTERIÜHISTU TIIMANI 10 – sought arrears.; Two defendants XX – joint and several debtors under the judgment.

Editorial summary

The court granted the apartment association TIIMANI 10’s claim against two defendants XX by default and imposed a shared obligation to pay the debt, late-payment interest and court fee.

The dispute and the court’s decision

The apartment association TIIMANI 10 brought a debt claim against two defendants XX. The claim documents were served by public notice through Ametlikud Teadaanded; the source confirms publication of that notice. The court gave a default judgment without an account of the case or reasons, so it does not set out detailed calculations or substantive objections. The debt, late-payment interest and court fee expenses were awarded against the defendants jointly and severally. This is a shared obligation: the association may seek the unpaid awarded amount from either debtor, but may not receive the full amount twice. The judgment is immediately enforceable without security. The court also ordered service of the judgment on the defendants by public notice through Ametlikud Teadaanded. Publication of a notice about the claim and an order to serve the judgment are different procedural steps. The order itself does not establish actual publication of the judgment or receipt of money.

Outcome of this decision

By default judgment, order the two defendants jointly and severally to pay the apartment association TIIMANI 10 the debt, late-payment interest and court fee expenses. The judgment is immediately enforceable without security; service on the defendants by public notice is provided for.
2-15-103285

Narva linn, A. Puškini tn 13 korteriühistu · 80121083 · Narva linn, Malmi tn 12 korteriühistu · 80250389

Apartment association bills, payments and debtsDebt claims

Editorial summary

The court refused to accept the application by the apartment association PUŠKINI 13 against the apartment association MALMI 12: the applicant had not submitted a properly formatted claim or paid the additional court fee.

· RulingViru Maakohus · First instance · № 2-15-103285/4Read actFirst instance

Separate act page

One association’s application against another refused because defects were not remedied

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU PUŠKINI 13 · KORTERIÜHISTU MALMI 12 · 80121083 · 80250389

Entry into force has not been reverified

Participants and roles: Applicant KORTERIÜHISTU PUŠKINI 13 – failed to meet the requirements for formatting and additional payment.; Apartment association MALMI 12 – organisation against which the monetary claim was made.

Editorial summary

The court refused to accept the application by the apartment association PUŠKINI 13 against the apartment association MALMI 12: the applicant had not submitted a properly formatted claim or paid the additional court fee.

The dispute and the court’s decision

The claim was initially handled in expedited payment order proceedings. A Pärnu Maakohus ruling of 17 April 2015 referred it to Viru Maakohus to continue as an ordinary civil claim. On 24 April, the court required defects in the application to be remedied: a properly formatted and reasoned claim and the additional court fee were due within 14 days. This requirement was served on the applicant on 11 May but was not met in time. The original application stated principal of 214,79 euros and an additional claim of 150,57 euros, making a claim value of 365,36 euros. A court fee of 45 euros had been paid instead of the 100 euros required for a civil claim, leaving 55 euros to pay. The court also noted the absence of documents supporting the claim and the representative’s authority. Because the formal and payment defects were not remedied, the court refused to accept the application for proceedings. The merits of MALMI 12’s alleged debt were not examined in this ruling. All costs were left with PUŠKINI 13; there were no amounts recoverable from the other party.

Outcome of this decision

Refuse to accept the debt application by the apartment association PUŠKINI 13 against the apartment association MALMI 12 into ordinary civil proceedings. Leave costs with the applicant; no costs are reimbursable by the other party.
2-14-15096

Narva linn, Võidu prospekt 9 korteriühistu · 80289285

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedulesLate-payment interest and consequences of delay

Editorial summary

The apartment association VÕIDU 9 NARVA and defendant XX agreed to repay the debt and part of the court fee over 12 months. The court approved the agreement and terminated proceedings.

· RulingViru Maakohus · First instance · № 2-14-15096/51Read actFirst instance

Separate act page

Debt and notarial expenses included in an agreement with a one-year payment schedule

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU VÕIDU 9 NARVA · 80289285

Entry into force has not been reverified

Participants and roles: Claimant KORTERIÜHISTU VÕIDU 9 NARVA – claimed arrears and late-payment interest.; Defendant XX – acknowledged the debt and agreed a payment schedule.

Editorial summary

The apartment association VÕIDU 9 NARVA and defendant XX agreed to repay the debt and part of the court fee over 12 months. The court approved the agreement and terminated proceedings.

The dispute and the court’s decision

The apartment association VÕIDU 9 NARVA and defendant XX agreed to repay arrears comprising principal, late-payment interest and notarial expenses over 12 months. The association’s current bills must be paid in addition. If the instalment or current-payment obligations are breached, the association may demand late-payment interest of 0,07% per day on the unpaid portion until performance. Each party bears its own costs, except for half the claimant’s court fee, which the defendant reimburses in instalments. Separately, the association was awarded a court fee refund of 87,50 euros* from the state budget after the ruling becomes final. The court considered the agreement lawful, approved it and terminated proceedings. Compliance with the payment schedule is not confirmed.

Outcome of this decision

Approve the one-year debt repayment schedule, payment of current bills and late-payment interest upon default. Terminate proceedings. The defendant reimburses half the court fee on the schedule; the association is entitled to a refund of 87,50 euros* from the state budget after the ruling becomes final.
2-15-5223

Narva linn, Rakvere tn 34 korteriühistu · 80175512

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedulesLate-payment interest and consequences of delay

Editorial summary

The court approved the apartment association RAKVERE 34 NARVA’s agreement with defendant XX on instalments until the end of 2017 and terminated the case.

· RulingViru Maakohus · First instance · № 2-15-5223/9Read actFirst instance

Separate act page

Debt of 1 176,95 euros agreed to be paid under a seasonal schedule

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU RAKVERE 34 NARVA · 80175512

Entry into force has not been reverified

Participants and roles: Claimant KORTERIÜHISTU RAKVERE 34 NARVA — agreed to instalments.; Defendant XX — accepted the schedule and the consequences of breach.

Editorial summary

The court approved the apartment association RAKVERE 34 NARVA’s agreement with defendant XX on instalments until the end of 2017 and terminated the case.

The dispute and the court’s decision

The apartment association RAKVERE 34 NARVA and defendant XX agreed to payment of the debt and costs in instalments until the end of 2017. The schedule provided for higher monthly payments from May to October and lower payments from November to April. The association undertook not to charge further late-payment interest on the agreed debt until 31 December 2017. If the schedule was breached, the entire agreed amount became immediately payable. The court found the agreement lawful and enforceable, approved it and terminated the case. Each party bears its own remaining costs. The court left the refund of half the state fee to a separate ruling after the present ruling entered into force. Approval of the schedule does not confirm its performance.

Outcome of this decision

Approve the seasonal debt repayment schedule and the term making the entire agreed amount immediately payable on breach. Terminate the case. Allocate costs under the agreement; determine the refund of half the state fee separately.
2-14-54873

Narva linn, Kangelaste prospekt 3 korteriühistu · 80162521

Apartment association bills, payments and debtsDebt claims

Editorial summary

The court accepted the apartment association Kangelaste 3’s waiver of its claim against defendant XX and ordered a refund of half the state fee, 137,50 euros.

· RulingViru Maakohus · First instance · № 2-14-54873/12Read actFirst instance

Separate act page

Association waived its claim after reporting payment: case terminated

Ruling · Viru Maakohus · First instance

KÜ Kangelaste 3 · 80162521

Entry into force has not been reverified

Participants and roles: Claimant KÜ Kangelaste 3 — reported performance and waived the claim.; Defendant XX — addressee of the claim.

Editorial summary

The court accepted the apartment association Kangelaste 3’s waiver of its claim against defendant XX and ordered a refund of half the state fee, 137,50 euros.

The dispute and the court’s decision

The association brought a debt claim. Documents were sent to the defendant through competent authorities abroad, but the court had no confirmation of service; the defendant had not reported receipt either. On 2 February 2015, the claimant requested termination, explaining that the defendant had satisfied the claim after proceedings began. The court accepted the waiver of the claim, finding it compatible with the law and the public interest. In view of the claimant’s report of performance, the court did not wait for confirmation of service or ask the defendant’s views on termination. This act contains no independent determination of the amount of debt. Costs were left to the association: the claimant had not sought them from the defendant, and the defendant’s knowledge of the proceedings had not been proved. The court ordered half the 275 euro state fee paid, or 137,50 euros, refunded to the claimant. It explained that, following termination, a new claim against the same defendant with the same subject matter and grounds was not permitted.

Outcome of this decision

Accept the waiver of the claim and terminate the case. Leave costs to the apartment association Kangelaste 3; refund it 137,50 euros in state fees from the budget.