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Narva apartment associations Court decisions

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Case 2-21-142079Source: Riigi Teataja ↗

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesPayment accounting and set-offHeatingCalculation and allocation of heating charges

How it started · editorial summary

The court rejected the objection that payments were unrecorded and awarded remaining debt. Charges were checked against decisions, invoices and bank data.

· RulingViru Maakohus · First instance · № 2-21-142079/30Read actFirst instance

Separate act page

Kangelaste prospekt 42: court found payments correctly recorded and awarded remaining debt

Ruling · Viru Maakohus · First instance

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Kangelaste prospekt 42 korteriühistu; interested person XX — owner; association’s representative XX

How it started · editorial summary

The court rejected the objection that payments were unrecorded and awarded remaining debt. Charges were checked against decisions, invoices and bank data.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Kangelaste prospekt 42 a debt balance against owner XX. It checked bank data and the association’s calculation and found the owner’s proven payments accounted for. The association sought maintenance charges and interest. During proceedings it updated the amount for new charges and funds received. The owner claimed regular payment and challenged invoices, meeting minute extracts and interest calculations. The owner also demanded supplier contracts and considered charges unproven without them. The court examined articles, rate approval decisions, supplier invoices and payment data. Common electricity and waste collection were included in the maintenance rate set by the meeting, not charged separately. It found no excessive heating charges. The validity of meeting decisions was not at issue in this case. Comparing the owner’s statements with the association’s calculation, the court found matching payments and dates. The owner supplied no proof of payment of the remaining disputed invoices. The court derived entitlement to statutory interest from the law and articles, rejecting the argument that a separate meeting decision was required for this recovery. The ruling of 29 July 2022 awarded principal, accrued interest and further statutory interest on principal until payment. It also awarded 606 euros in procedural costs against the owner. This is the outcome established then; subsequent performance is not confirmed.

Outcome of this decision

Grant the association’s application. Award principal, accrued interest and further statutory interest on principal until performance against interested person XX. Allocate costs to that person and award 606 euros.
Translation of an anonymised, abridged excerpt from Estonian
1. Grant Narva linn, Kangelaste prospekt 42 korteriühistu’s debt application against XX.
First instance
Case 2-22-102518Source: Riigi Teataja ↗

Narva linn, Raudsilla tn 10 korteriühistu · 80180826

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayPayment accounting and set-offBills and justification of charges

How it started · editorial summary

The court found bailiff funds already accounted for and awarded a 761,18 euro balance against the company. The claim concerns its earlier ownership period.

· RulingViru Maakohus · First instance · № 2-22-102518/21Read actFirst instance

Separate act page

Raudsilla tn 10: debt awarded against the former owner, a company, with bailiff proceeds credited

Ruling · Viru Maakohus · First instance

Narva linn, Raudsilla tn 10 korteriühistu · Osaühing Peremaakler · 80180826 · 11523072

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Raudsilla tn 10 korteriühistu; interested person — Osaühing Peremaakler, former owner; organisations’ representatives XX

How it started · editorial summary

The court found bailiff funds already accounted for and awarded a 761,18 euro balance against the company. The claim concerns its earlier ownership period.

The dispute and the court’s decision

The court awarded the apartment association Narva linn, Raudsilla tn 10 a debt of 761,18 euros against Osaühing Peremaakler. It rejected the company’s objection that bailiff funds were ignored: the 645 euros received had already been deducted. The association sought maintenance charges for the company’s period of apartment ownership, accrued interest and costs. The company argued there was no debt because the association received money from the bailiff after auction sale. Its representative did not attend the hearing, and the applicant requested determination on the merits. The court established the ownership period and related association membership. It examined articles, management plans, meeting decisions, supplier contracts, invoices and debt calculations. The company did not specifically challenge cost allocation or prove other payments in the disputed period. The court found the calculation substantiated because it accounted for the 645 euro transfer. Sale of the apartment did not remove liability for remaining charges from the company’s ownership period. The ruling of 20 July 2022 awarded 761,18 euros in principal, 120,01 euros in interest to 16 March 2022 and further statutory interest from 17 March until principal was paid. The court reduced costs to 478* euros, limiting recoverable payment order stage costs and reducing the hearing attendance amount claimed. Statutory interest on costs runs after entry into force. The document does not confirm subsequent payment of these amounts.

Outcome of this decision

Grant the association’s application. Award 761,18 euros in debt, 120,01 euros in interest and statutory interest on 761,18 euros from 17.03.2022 until performance against Osaühing Peremaakler. Award 478* euros in costs and statutory interest on that sum after entry into force.
Translation of an anonymised, abridged excerpt from Estonian
2. Order Osaühing Peremaakler to pay 761,18 euros in debt to korteriühistu Narva linn, Raudsilla tn 10.
First instance
Case 2-20-129668Source: Riigi Teataja ↗

Narva linn, Spordi tn 4 korteriühistu

Apartment association bills, payments and debtsDebt claimsBills and justification of chargesPayment accounting and set-offLate-payment interest and consequences of delay

How it started · editorial summary

The association sought debt and late-payment interest. The court found only part of the service charges proved, excluded unsupported charges and credited earlier payments towards accrued late-payment interest.

· Court orderViru Maakohus · First instance · № 2-20-129668/49Read actFirst instance

Separate act page

Partial association debt award: invoices alone do not prove charges

Court order · Viru Maakohus · First instance

Narva linn, Spordi tn 4 korteriühistu ·

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Spordi tn 4 korteriühistu; Person concerned — XX

How it started · editorial summary

The association sought debt and late-payment interest. The court found only part of the service charges proved, excluded unsupported charges and credited earlier payments towards accrued late-payment interest.

The dispute and the court’s decision

Narva linn, Spordi tn 4 korteriühistu sought utility and management debts from XX. Following an objection in payment-order proceedings, the claim was transferred to Viru Maakohus. The court requested supplier records, the basis for tariffs and an explanation of the allocation between co-owners, but no additional evidence or explanation was provided. The court found that invoices to an owner alone did not prove the association’s costs or their correct allocation. Service charges were supported by resolutions and the earlier tariff; a later increase lacked documentary support. Several utility and earmarked charges were not supported by the necessary records and were not awarded. The court applied XX’s earlier payments first to accrued late-payment interest because their intended allocation could not be established. It therefore refused the claim for late-payment interest already due, treating it as paid. Alongside proved principal, it awarded continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid. Each participant was left to bear their own costs because the partial refusal resulted from the association’s failure to provide evidence.

Outcome of this decision

The application was granted in part: proved service charges and continuing statutory late-payment interest from 13 November 2020 until the awarded principal is paid were awarded. Accrued late-payment interest was treated as covered by earlier payments; unsupported charges were not awarded. Each participant bears their own costs.
Translation of an anonymised, abridged excerpt from Estonian
Leave each participant to bear their own procedural costs. There are no procedural costs to be reimbursed.
First instance
Case 2-21-107646Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedulesPayment accounting and set-off

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

· RulingViru Maakohus · First instance · № 2-21-107646/5Read actFirst instance

Separate act page

Võidu prospekt 13: instalments approved for 619,62-euro balance after partial payment

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 13 korteriühistu · 80189477

Entry into force has not been reverified

Participants and roles: applicant – Narva linn, Võidu prospekt 13 korteriühistu; interested person XX – debtor and party to the agreement; association’s legal and contractual representatives XX

How it started · editorial summary

After payment order recovery began, the association and debtor XX agreed the balance and six monthly payments. The association confirmed an earlier partial payment.

The dispute and the court’s decision

The court approved the agreement between the apartment association Narva linn, Võidu prospekt 13 and debtor XX for scheduled repayment of the remaining debt and terminated the case. The association initially sought recovery through expedited payment order proceedings. Pärnu Maakohus then ended that procedure and referred the case to Viru Maakohus to approve the agreement. The debtor acknowledged principal, accrued late-payment interest and 65 euros in costs. The association confirmed an earlier partial payment and agreed the balance with the debtor. The ruling does not establish subsequent compliance with the schedule. The balance is payable in six monthly instalments. Current association bills must also continue to be paid. Delay entails late-payment interest of 0,022% per day on the unpaid amount. The court examined the agreement, found it permissible and enforceable, approved its terms on 21 May 2021 and terminated proceedings. The 65 euros in costs included in the agreement form part of the admitted obligation; each participant bears its other costs with no separate mutual reimbursement. The ruling does not set out independent objections to the original charges.

Outcome of this decision

Approve the agreement taking account of the partial payment confirmed by the association. The outstanding debt, late-payment interest and agreed 65 euros in costs are payable in six monthly instalments. Retain current bills and late-payment interest of 0,022% per day on unpaid amounts upon delay. Terminate proceedings; leave other costs with the participants.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-21-107646.
First instance
Case 2-17-19501Source: Riigi Teataja ↗

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Apartment association bills, payments and debtsDebt claimsPayment accounting and set-offLate-payment interest and consequences of delayApartment association meetings and decisionsQuorum and repeat meetingsBills and justification of chargesBudget, management plan and rates

How it started · editorial summary

The circuit court examined special appeal admission conditions in a case involving a small claim.

Related prepared acts from this case are also shown.

· JudgmentViru Maakohus · First instance · № 2-17-19501/82Read act

Separate act page

Association debt: crediting payments and interest across different periods

Judgment · Viru Maakohus · First instance

Narva linn, Kangelaste prospekt 42 korteriühistu · 80175430

Entry into force has not been reverified

Participants and roles: Claimant — Narva linn, Kangelaste prospekt 42 korteriühistu; Defendant — XX

How it started · editorial summary

The association sought debt and late-payment interest. XX challenged the calculation, payment allocation and tariff resolutions. The court found the calculation proved and granted the claim.

The dispute and the court’s decision

Narva linn, Kangelaste prospekt 42 korteriühistu, formerly KÜ KANGELASTE 42, sought management and utility debt with late-payment interest from XX. XX accepted a general duty to contribute but disputed the amount, citing missing emailed invoices, unclear tariffs, defects in repeat meetings and incorrect crediting of payments. The court compared invoices, the consolidated calculation and payment records. The association agreed to apply payments to principal for the months specified by XX, and the court found this reflected in the final calculation. Objections to tariff resolutions did not establish nullity or timely challenge; the court treated the resolutions as valid. Accrued late-payment interest was checked separately for periods before and after the 2018 legislative change and found substantiated. The claim was granted: principal, accrued late-payment interest and continuing late-payment interest on unpaid principal from 1 January 2019 at the ECB rate determined for each half-year plus 8 percent annually were awarded until principal is paid. Costs were imposed on XX, with their amount to be determined separately. Actual payment of the award was not established.

Outcome of this decision

The claim was granted: the association was awarded principal, accrued late-payment interest and continuing late-payment interest on unpaid principal from 1 January 2019 at the ECB rate determined for each half-year plus 8 percent annually until principal is paid. XX bears their own and the association’s costs, the latter to be fixed separately.
Translation of an anonymised, abridged excerpt from Estonian
Grant the claim.
First instance
· RulingTartu Ringkonnakohus · Appeal · № 2-17-19501/86Read actAppeal

Separate act page

Kangelaste 42: appeal refused admission in a simplified case

Ruling · Tartu Ringkonnakohus · Appeal

Korteriühistu Kangelaste 42 · 80175430

Entry into force has not been reverified

Participants and roles: Claimant — Korteriühistu Kangelaste 42; Defendant and appellant — XX

How it started · editorial summary

The circuit court examined special appeal admission conditions in a case involving a small claim.

The dispute and the court’s decision

The circuit court refused to admit XX’s appeal in the apartment association Kangelaste 42’s simplified case, finding no grounds for admission. Korteriühistu Kangelaste 42 had obtained an award of management cost debt and accrued late-payment interest against defendant XX in the county court. Further statutory late-payment interest on principal was also awarded and costs allocated to the defendant. XX appealed, alleging breaches of legal rules, and requested state legal aid. Tartu Ringkonnakohus was deciding whether to admit the appeal. The case concerned a small monetary claim under the simplified procedure, subject to special appeal conditions. The court checked for an obvious misapplication of law, material procedural breaches or clearly incorrect assessment of evidence capable of affecting the outcome. The circuit court found none. It considered that the county court had examined charges, facts and evidence in detail and applied the relevant rules. The defendant’s disagreement with the outcome alone did not suffice for admission. The court refused to admit the appeal and deemed it returned to the applicant. This is an appeal admission ruling, not a new award of the same sums. The legal aid application was left undecided. The unpaid appeal fee was not required because the appeal was not admitted. A separate possibility to challenge the refusal itself is provided.

Outcome of this decision

Refuse to admit XX’s appeal and deem it returned. Leave the state legal aid application undecided; no fee is payable for the appeal that was not admitted.
Translation of an anonymised, abridged excerpt from Estonian
Refuse to admit XX’s appeal against the Viru Maakohus judgment of 26 February 201 9 and deem the appeal returned to XX.
Appeal
Case 2-16-129462Source: Riigi Teataja ↗

Narva linn, Kangelaste prospekt 47b korteriühistu · 80145356

Contracts and servicesWorks contracts and designQuality and acceptance of worksPayment, advance payments and refundsRepairs and shared propertyFaçade, windows and balconiesApartment association bills, payments and debtsPayment accounting and set-offLate-payment interest and consequences of delayOrganisation and funding of repairs

How it started · editorial summary

The appeal court rejected the association’s repair reimbursement claim and retained its obligation to pay the contractor, adding late-payment interest. Evidence of defects at the alleged time and notification was insufficient.

· JudgmentViru Maakohus · First instance · № 2-16-129462/71Read act

Separate act page

Kangelaste 47b and Mirstart OÜ: defective works, costs and set-off

Judgment · Viru Maakohus · First instance

Mirstart OÜ · KÜ Kangelaste 47b · 11234391 · 80145356

Entry into force has not been reverified

Participants and roles: claimant and counterclaim defendant — Mirstart OÜ; defendant and counterclaimant — KÜ Kangelaste 47b

How it started · editorial summary

Defects justified withholding payment and recovery of repair costs, with the final result determined by set-off.

The dispute and the court’s decision

KÜ Kangelaste 47b (now — Narva linn, Kangelaste prospekt 47b korteriühistu). Mirstart OÜ sought the outstanding price of construction works and late-payment interest from KÜ Kangelaste 47b. The association counterclaimed for the cost of remedying defects. The cases were joined after proceedings on earlier default judgments were reopened. The works included renewal of the plinth and paving and installation of canopies. The court found the defective cladding proved by photographs: tiles had fallen off extensively soon after handover. Acceptance did not prevent reliance on defects. The documents as a whole showed timely knowledge by the contractor, which failed to remedy them within a reasonable time. Third-party repair costs of 5544 euros were found necessary and reasonable. Lawful withholding of the price balance was temporary; the court did not find a price reduction or effective withdrawal from the contract. Once the cost claim was allowed, the basis for withholding ended, so principal of 3039.27 euros* was upheld. Late-payment interest of 683.21 euros was refused because lawful withholding was not late performance. Further late-payment interest was also refused because the mutual claims were set off. The court allowed the counterclaim and applied set-off, awarding the association 2500 euros* against Mirstart OÜ. Each party bears its costs. Payment of that award was not established.

Outcome of this decision

The principal claim was allowed for 3039.27 euros* without late-payment interest; following the counterclaim and set-off, 2500 euros* was awarded to the association against Mirstart OÜ.
Translation of an anonymised, abridged excerpt from Estonian
5. Each party shall bear its own costs.
First instance
· JudgmentTartu Ringkonnakohus · Appeal · № 2-16-129462/83Read actAppeal

Separate act page

Kangelaste 47b: appeal court rejected association’s repair correction costs and awarded payment to contractor

Judgment · Tartu Ringkonnakohus · Appeal

KÜ Kangelaste 47b · Mirstart OÜ · 80145356 · 1123439

Entry into force has not been reverified

Participants and roles: contractor Mirstart OÜ – claimant and defendant to the joined demand, appellant; apartment association – customer, defendant and claimant on the joined demand, appellant; parties’ representatives and expert XX

How it started · editorial summary

The appeal court rejected the association’s repair reimbursement claim and retained its obligation to pay the contractor, adding late-payment interest. Evidence of defects at the alleged time and notification was insufficient.

The dispute and the court’s decision

The circuit court allowed Mirstart OÜ’s appeal and dismissed the apartment association Kangelaste 47b’s appeal. After review, the association was ordered to pay the contractor 3 039,27* euros in outstanding fees, 1 017,61 euros in accrued late-payment interest and continuing statutory late-payment interest. The association’s claim for the cost of correcting works was dismissed. The contractor repaired the plinth and lintel and installed two canopies. The association alleged that facing panels began detaching and that the contractor had been notified but did not remedy the defects. It hired another company and sought reimbursement, taking account of the unpaid part of the original work. The contractor disputed the defects at the stated time and proper notification. The first-instance court granted the contractor’s monetary claim without interest, recognised the association’s claim and set them off. The association appealed only the allocation of costs; the contractor appealed the award to the association and refusal of interest. The circuit court assessed the evidence differently. Photographs from September 2016 did not establish the state of works in summer 2015: by the time of photography, the new contractor could already have started dismantling. A copy of a letter did not prove receipt. Board minutes without the contractor representative’s signature proved neither participation nor notification of defects. A new paid contract for filling joints also did not prove an agreement to remedy defects in the former work. It contained no such reference. The association had not proved defects at the alleged time, notification or a deadline for remedy; the contractual procedure for engaging an expert had also not been followed. The set-off and earlier award in favour of the association were therefore set aside. Costs at both levels were imposed on the association, to be quantified separately by the county court. Dismissal of the association’s claim concerns proof of the conditions for liability, rather than an established absence of any defects in the repairs.

Outcome of this decision

Grant Mirstart OÜ’s claim and dismiss the association’s claim. Award 3 039,27* euros in principal, 1 017,61 euros in accrued late-payment interest and statutory late-payment interest on principal from the judgment date until payment against the association. Allow the contractor’s appeal and dismiss the association’s. The association bears costs at both levels, to be quantified separately.
Translation of an anonymised, abridged excerpt from Estonian
4. Allow Mirstart OÜ’s appeal.
Appeal
Case 2-17-1621Source: Riigi Teataja ↗

Korteriühistu TALLINNA MNT 36

Rights in real propertyOwnership and register entriesApartment association bills, payments and debtsDebt claimsPayment accounting and set-off

How it started · editorial summary

The court distinguished current payments to the association from the enforcement debt.

· JudgmentViru Maakohus · First instance · № 2-17-1621/54Read actFirst instance

Separate act page

Tallinna mnt 36: challenging an auction and allocating payments

Judgment · Viru Maakohus · First instance

Korteriühistu TALLINNA MNT 36 ·

Entry into force has not been reverified

Participants and roles: claimant — former owner XX; first defendant — bailiff XX; second defendant — purchaser XX; third defendant — Korteriühistu TALLINNA MNT 36

How it started · editorial summary

The court distinguished current payments to the association from the enforcement debt.

The dispute and the court’s decision

The former owner XX sought invalidation of an apartment auction held to enforce a debt judgment in favour of Korteriühistu TALLINNA MNT 36, confirmation of ownership and return of the property. The defendants were bailiff XX, purchaser XX and the association. The claimant relied on direct payments to the association, lack of notice and incorrect valuation. The court dismissed the claim. The initial valuation had not been challenged in time and the court did not entertain that objection in this action. Correspondence showed that the claimant knew of the debt and the instalment conditions requiring payment to the bailiff, but had not complied. Payments to the association without specifying an obligation could be allocated to current invoices rather than the judgment debt. The court found that the enforcement claim remained unpaid when the auction ended; a later transfer did not alter that fact. The court found notice of the auction proper and no material breach warranting invalidation. Once the judgment becomes final, the prohibition on disposal entered for the claimant must be removed. Costs were placed on the claimant, with their amount and reimbursement to be decided separately. This judgment does not decide the association’s original debt claim afresh.

Outcome of this decision

Invalidation of the auction and the related claims were refused; the disposal restriction is removed after finality, with costs quantified separately.
Translation of an anonymised, abridged excerpt from Estonian
1. Dismiss the claim.
First instance
Case 2-16-16692Source: Riigi Teataja ↗

Narva linn, Tallinna mnt 25, Tallinna mnt 27 korteriühistu · 80162159

Water and sewerageMeters and readingsCalculation of water chargesApartment association bills, payments and debtsBills and justification of chargesLate-payment interest and consequences of delayPayment accounting and set-offLimitation of claims

How it started · editorial summary

The owner challenged 53,16 euros as interest, but the court found that interest paid and instead identified a principal balance resulting from the order in which payments were applied.

· JudgmentViru Maakohus · First instance · № 2-16-16692/16Read actFirst instance

Separate act page

Tallinna mnt 25/27: owner’s requests for a finding of no debt and limitation rejected

Judgment · Viru Maakohus · First instance

KÜ Tallinna mnt 25/27 · 80162159

Entry into force has not been reverified

Participants and roles: Claimant — owner XX; Defendant — KÜ Tallinna mnt 25/27

How it started · editorial summary

The owner challenged 53,16 euros as interest, but the court found that interest paid and instead identified a principal balance resulting from the order in which payments were applied.

The dispute and the court’s decision

The court dismissed XX’s claim against KÜ Tallinna mnt 25/27: it did not declare that the 53,16 euro debt was absent or grant the alternative request to establish expiry of limitation. This decides the owner’s claim; it is not a new monetary award to the association. The dispute began with cold water charges. The owner believed payment should follow the readings after a verified meter was installed. The association continued charging under the earlier standard and agreed to recalculate in May 2012. XX considered that there was then no basis for interest; the limitation period for old claims had also expired. The association objected that the owner continued reducing various invoices unilaterally after recalculation. Payments were applied first to accrued late-payment interest and then to principal. The balance therefore extended beyond the earlier water dispute. The court examined invoices and a summary calculation and agreed with the association. The owner had not challenged the meeting decision on standard water charges, which remained binding until amended. Unilaterally reducing invoices caused payment delays for which the association could seek interest. The court also found it lawful to apply payments first to interest and then to principal. It concluded that the disputed interest had already been paid in that way, while 53,16 euros in maintenance costs remained unpaid. It rejected the argument that refusing to pay interest allowed the owner to change this order. It also found no justification for reducing or refunding interest already paid. The limitation request was rejected: the court proceeded from the relevant earlier obligations having already been performed through payments, making limitation inapplicable to them. Costs were allocated to XX; their amount will be determined separately after the judgment enters into force.

Outcome of this decision

Dismiss XX’s request for a declaration of no debt and the alternative limitation request. Leave the claimant’s own costs and the association’s costs to the claimant; their amount will be determined separately after entry into force.
Translation of an anonymised, abridged excerpt from Estonian
5. The court shall determine the monetary amount of procedural costs by a separate ruling after the judgment enters into force.
First instance
Case 2-15-105517Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesPayment accounting and set-offLimitation of claimsObligations of multiple owners

How it started · editorial summary

The court examined limitation and the association’s calculations and dismissed the claim: the older part was time-barred, and the tables did not show debt for the rest.

· JudgmentViru Maakohus · First instance · № 2-15-105517/55Read actFirst instance

Separate act page

Võidu 10: claim dismissed because older demands were time-barred and calculations showed no debt

Judgment · Viru Maakohus · First instance

KÜ Võidu 10 · 80183397

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Võidu 10; Two defendants XX; Participants’ representatives XX

How it started · editorial summary

The court examined limitation and the association’s calculations and dismissed the claim: the older part was time-barred, and the tables did not show debt for the rest.

The dispute and the court’s decision

The court dismissed the apartment association Võidu 10’s debt and late-payment interest claim against two defendants XX. Limitation was applied to the older part of the claims; for the later period, the court found no debt on the dates examined according to the association’s tables. The association revised its calculation several times. One defendant argued that the principal had been paid, some claims were brought after limitation had expired, and payments exceeded charges during the remaining period. The second submitted no substantive response. The association submitted tables, but not the invoices themselves or information allowing the court to establish who made particular payments and when. The court found that claims for 1 May 2009 to 31 December 2011 had become time-barred before the application was filed in March 2015. The corresponding interest claims became time-barred together with the principal claim. For the later charges, the court examined payments and concluded that the association’s tables showed no debt either on 31 May 2015 or on 30 June 2016. Interest on this part was also found unjustified. The court stated that performance of a joint and several obligation by one debtor releases the others to the corresponding extent. No refund of an alleged overpayment was awarded to the defendants. The association was left to bear its own costs and ordered to bear the defendants’ costs. It was ordered to pay the state 348,24 euros for state legal aid within three months after the judgment entered into force. Actual payment of costs is not confirmed.

Outcome of this decision

Dismiss the association’s claim against the two defendants XX. The association bears the costs; award the state 348,24 euros for legal aid, payable within three months after the judgment enters into force. No refund of overpayment to the defendants was ordered.
Translation of an anonymised, abridged excerpt from Estonian
4. Leave the claimant’s procedural costs entirely to the claimant.
First instance
Case 2-15-16874Source: Riigi Teataja ↗

Narva linn, A. Puškini tn 49 korteriühistu · 80180192

Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayBills and justification of chargesPayment accounting and set-offLimitation of claims

How it started · editorial summary

The claim against the new owner was partly granted: the oldest claims were excluded by limitation and interest was limited to the period of the buyer’s own delay.

· JudgmentViru Maakohus · First instance · № 2-15-16874/21Read actFirst instance

Separate act page

Puškini 49: apartment buyer ordered to pay part of an earlier debt, with interest substantially limited

Judgment · Viru Maakohus · First instance

KÜ Puškini 49 · OÜ Peremaakler · 80180192 · 11523072

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Puškini 49; Defendant — apartment buyer OÜ Peremaakler

How it started · editorial summary

The claim against the new owner was partly granted: the oldest claims were excluded by limitation and interest was limited to the period of the buyer’s own delay.

The dispute and the court’s decision

The apartment association Puškini 49 brought a claim for earlier utility debt and late-payment interest against OÜ Peremaakler, which had bought an apartment at auction. The court partly granted the claim, awarding 2615,28 euros in principal and 21,10 euros* in interest. Each participant bears its own costs, and the association must also pay the state a further 100 euros in missing fees. The association relied on the auction terms and the buyer’s awareness of the debt. The company disputed the calculations and invoked limitation; when paying, it specified the periods covered. An interim judgment of 19 April 2016 had already applied limitation to claims for 2004–2011. The present judgment concerns the remainder. The court proceeded from the company’s acknowledgement of debt from 2012 onwards and checked the charges and payment evidence for 2012 to February 2016. On reconciliation, it determined a balance of 2615,28 euros, accounting for paid invoices and an overpayment in one month. It did not accept the association’s calculation in full. The court rejected interest for the period before purchase on grounds of good faith: in this case, transfer of the principal obligation did not automatically entail liability for the previous owner’s delay. It calculated interest from 24 March 2015, the date on which it recognised the company as owner, using the invoices and its payment dates. The result was 21,10 euros*. The court determined the fee by adding principal and interest: the association had paid 400 euros instead of the 500 euros considered necessary by the court, so it was ordered to pay a further 100 euros. The act does not confirm actual performance of the awards.

Outcome of this decision

Award the association 2615,28 euros in debt and 21,10 euros* in late-payment interest against OÜ Peremaakler. Each party bears its own costs. The association must pay the state a further 100 euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
1. Partly grant KÜ Puškini 49’s claim.
First instance
Case 2-15-8537Source: Riigi Teataja ↗

Narva linn, Kreenholmi tn 30 korteriühistu · 80145994

Apartment association bills, payments and debtsDebt claimsPayment accounting and set-offLate-payment interest and consequences of delay

How it started · editorial summary

Payment before judgment precluded a repeated award but left costs to be decided.

· JudgmentViru Maakohus Narva kohtumaja · First instance · № 2-15-8537/19Read act

Separate act page

Allocation of payments between current charges and an earlier settlement

Judgment · Viru Maakohus Narva kohtumaja · First instance

Korteriühistu Kreenholmi 30 · 80145994

Entry into force has not been reverified

Participants and roles: Association — claimant; XX — defendant, owner and payer

How it started · editorial summary

The court respected the payer’s stated allocation and distinguished principal from late-payment interest.

The dispute and the court’s decision

Korteriühistu Kreenholmi 30 (now — Narva linn, Kreenholmi tn 30 korteriühistu). Korteriühistu Kreenholmi 30 claimed building management arrears and late-payment interest from XX. The association allocated some payments to an older settlement debt. The court found that payment descriptions clearly distinguished current apartment charges from compliance with the earlier court decision. Giving effect to the payer’s allocation, it treated the principal claimed as paid but allowed accrued late-payment interest. On 15 April 2016, Tartu Ringkonnakohus changed only the allocation of first-instance costs: XX must reimburse the association 397 euros. The findings on payment of principal and the award of late-payment interest remained unchanged.

Outcome of this decision

Only late-payment interest was awarded. The principal was not awarded again because of the proven payments. Initially, each party bore its own costs. On 15 April 2016, Tartu Ringkonnakohus changed only that part: XX must reimburse the association 397 euros in first-instance costs; each party bears its own appeal costs.
Translation of an anonymised, abridged excerpt from Estonian
Grant the claim in part.
First instance
· JudgmentTartu Ringkonnakohus · Appeal · № 2-15-8537/27Read actAppeal

Separate act page

Kreenholmi 30: paid debt and first-instance costs

Judgment · Tartu Ringkonnakohus · Appeal

Korteriühistu Kreenholmi 30 · 80145994

Entry into force has not been reverified

Participants and roles: claimant and appellant — Korteriühistu Kreenholmi 30; defendant and respondent — owner XX

How it started · editorial summary

Payment before judgment precluded a repeated award but left costs to be decided.

The dispute and the court’s decision

Korteriühistu Kreenholmi 30 (now — Narva linn, Kreenholmi tn 30 korteriühistu). KÜ Kreenholmi 30 appealed the partial allowance of its claim against owner XX. Principal was paid after filing but before judgment; the first-instance court refused to award it again and awarded only accrued late-payment interest. The allocation dispute concerned current invoices and an earlier judicial settlement: payment descriptions distinguished the obligations. The appellate court preserved that result. It rejected the argument that the claim had been admitted: the defendant had not admitted it, and payment before judgment did not justify a fresh award of an extinguished claim. Only costs were changed. As payment followed filing, the defendant’s conduct caused the first-instance costs. The association was awarded 397 euros: a 175-euro state fee and 222 euros for necessary legal assistance. The appeal was allowed in part; each party bears its appeal costs. Payment of principal was established, but payment of late-payment interest and costs was not.

Outcome of this decision

The appeal was allowed in part: paid principal was not awarded again, and the association was awarded 397 euros in first-instance costs.
Translation of an anonymised, abridged excerpt from Estonian
5. Allow the appeal in part.
Appeal
Case 2-15-17746Source: Riigi Teataja ↗

Narva linn, P. Kerese tn 2 korteriühistu · 80180393

Apartment association bills, payments and debtsDebt claimsLimitation of claimsPayment accounting and set-off

How it started · editorial summary

A three-year period applied, but the court held that partial payments interrupted it.

· JudgmentViru Maakohus · First instance · № 2-15-17746/10Read actFirst instance

Separate act page

Narv-Keskring: partial payment and interruption of limitation

Judgment · Viru Maakohus · First instance

KÜ Narv-Keskring · 80180393

Entry into force has not been reverified

Participants and roles: claimant — KÜ Narv-Keskring; defendant — owner XX

How it started · editorial summary

A three-year period applied, but the court held that partial payments interrupted it.

The dispute and the court’s decision

KÜ Narv-Keskring (now — Narva linn, P. Kerese tn 2 korteriühistu). KÜ Narv-Keskring claimed management charges from owner XX. Following partial payment during proceedings, the claim was reduced to the unpaid balance. The defendant pleaded limitation in respect of that balance. The court agreed that periodic obligations were subject to a three-year period rather than the ten years proposed by the association. However, the undisputed payment table showed regular partial payments, which the court treated as acknowledgment interrupting limitation. It held the claim timely and awarded the balance and state fee. The objection was examined on its merits, rather than by default. The judgment records earlier partial payment but not performance of the new award.

Outcome of this decision

The limitation defence was rejected because partial payment acknowledged the claim; the balance was awarded.
Translation of an anonymised, abridged excerpt from Estonian
1. Allow the claim.
First instance