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).
Subjects and subtopics ⌄
A subject describes the dispute; it does not establish a violation.
Narva linn, Tallinna mnt 25, Tallinna mnt 27 korteriühistu · 80162159
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Editorial summary
The owner had not fully paid association service charges and utility bills. The court awarded 992.04 euros in debt, 20.35 euros in accrued interest, further interest and costs by default.
Building service charges: debt and continuing interest
Editorial summary
The owner had not fully paid association service charges and utility bills. The court awarded 992.04 euros in debt, 20.35 euros in accrued interest, further interest and costs by default.
Default judgment · Viru Maakohus · First instance
Narva linn, Tallinna mnt 25, Tallinna mnt 27 korteriühistu · 80162159
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
Claimant — Narva linn, Tallinna mnt 25, Tallinna mnt 27 korteriühistu
Defendant — apartment owner XX
The dispute and the court’s decision
Narva linn, Tallinna mnt 25, Tallinna mnt 27 korteriühistu, named in the source as KÜ Tallinna mnt 25/27, claimed unpaid service charges and utility bills from owner XX. According to the claimant, obligations had not been properly met since October 2008; by 1 December 2010 the debt was 992.04 euros and interest 20.35 euros.
The defendant received the claim documents personally but neither replied nor objected. The court granted the claim by default, treating the unchallenged factual allegations and claim as legally justified. It awarded 992.04 euros in debt, 20.35 euros in interest and further interest at 0.07% per day on unpaid principal from 2 December 2010 until payment.
It also awarded 306.14 euros in costs. The judgment is immediately enforceable. The euro figures were supplied by the court itself; actual payment, entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The default judgment awarded 992.04 euros in debt, 20.35 euros in interest, further interest at 0.07% per day on unpaid principal from 2 December 2010 and 306.14 euros in costs. It is immediately enforceable.
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayMore topics
Obligations of multiple owners
Editorial summary
The association sought apartment maintenance and management arrears and interest from two joint owners. The court awarded 1621.91 euros jointly and severally by default, allocating costs without fixing their amount.
Joint owners’ debt: joint and several default judgment
Editorial summary
The association sought apartment maintenance and management arrears and interest from two joint owners. The court awarded 1621.91 euros jointly and severally by default, allocating costs without fixing their amount.
Default judgment · Viru Maakohus · First instance
Narva linn, Juuli tn 13 korteriühistu · 80145400
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayObligations of multiple owners
Participants and roles
Claimant — Narva linn, Juuli tn 13 korteriühistu
Defendants — two joint owners XX, liable jointly and severally
The dispute and the court’s decision
Narva linn, Juuli tn 13 korteriühistu, named in the source as Korteriühistu 26. juuli 13, sought maintenance and management arrears and interest from two joint owners XX. The total claim was 1621.91 euros, as stated in the judgment itself.
The claim documents were served on the defendants, but they neither replied within the deadline nor objected. The court treated the claimant’s factual allegations as unchallenged and the claim as legally justified, granting it by default. It awarded 1621.91 euros against both defendants jointly and severally.
All costs were also allocated jointly and severally, but their monetary amount was not fixed in this judgment because the claimant had not applied for that determination. The judgment was declared immediately enforceable without security. Actual payment, entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The default judgment awarded 1621.91 euros against two defendants jointly and severally; costs were allocated on the same basis without a fixed amount. The judgment is immediately enforceable without security.
Narva linn, A. Puškini tn 2a korteriühistu · 80245744
Repairs and shared propertyFaçade, windows and balconiesOrganisation and funding of repairsMore topics
Apartment association bills, payments and debtsBills and justification of chargesDebt claimsApartment association meetings and decisionsConvening meetings and advance noticeBudget, management plan and ratesLate-payment interest and consequences of delay
Editorial summary
The association sought earmarked facade and balcony contributions and interest from XX. The appeal court overturned refusal and granted the claim within its limits, allocating costs at both levels to XX.
The association sought earmarked facade and balcony contributions and interest from XX. The appeal court overturned refusal and granted the claim within its limits, allocating costs at both levels to XX.
Judgment · Tartu Ringkonnakohus · Appeal
Korteriühistu Narva Sõbralik · 80245744
Repairs and shared propertyFaçade, windows and balconiesOrganisation and funding of repairsApartment association bills, payments and debtsBills and justification of chargesDebt claimsApartment association meetings and decisionsConvening meetings and advance noticeBudget, management plan and ratesLate-payment interest and consequences of delay
Participants and roles
claimant and appellant — Korteriühistu Narva Sõbralik
defendant and respondent on appeal — XX
claimant representative XX
The dispute and the court’s decision
Korteriühistu Narva Sõbralik (now — Narva linn, A. Puškini tn 2a korteriühistu). Korteriühistu Narva Sõbralik claimed earmarked facade and balcony repair contributions and late-payment interest from XX. The defendant disputed equal per-apartment contributions and the decision-making procedure. The county court refused the claim. The circuit court agreed that allocation contravened law and the charter but held only that part void, meaning legally ineffective: area-based allocation replaces it, while the decision to collect funds survives. Discussion of the management plan covered repairs and funding; defective notice was not established. Work and expenditure were proved. The share-based calculation exceeded the claim, so only the amount claimed was allowed and the refusal overturned. XX bears costs in both instances. A 2010 meeting decision provided an additional basis. The judgment does not endorse the original equal allocation or establish later payment.
Outcome of this decision
Refusal overturned and claim allowed within its limits; XX bears costs in both instances.
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Editorial summary
The association sought utility arrears and interest. The court awarded 8404.60 kroons, further interest on the principal and 3000 kroons in costs by default.
The association sought utility arrears and interest. The court awarded 8404.60 kroons, further interest on the principal and 3000 kroons in costs by default.
Default judgment · Viru Maakohus · First instance
Narva linn, Juuli tn 3 korteriühistu · 80180737
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
Claimant — Narva linn, Juuli tn 3 korteriühistu
Defendant — individual XX
The dispute and the court’s decision
Narva linn, Juuli tn 3 korteriühistu, named in the source as KÜ 26. Juuli 3 Narva, claimed unpaid utility charges from defendant XX. By 1 October 2010, principal was 8246.40 kroons and accrued interest 158.20 kroons, totalling 8404.60 kroons.
The defendant received the claim documents personally but neither replied nor objected. The court found the claim legally justified and granted it by default. It awarded 8404.60 kroons and further interest of 0.07%* on the principal of 8246.40 kroons from 2 October 2010 until payment, as stated in the operative part.
A further 3000 kroons in costs were awarded: an 1800-kroon court fee and 1200 kroons for legal assistance. The judgment is immediately enforceable. Amounts remain in the source currency; actual payment, entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The default judgment awarded 8404.60 kroons, further interest of 0.07%* on principal of 8246.40 kroons from 2 October 2010 until payment and 3000 kroons in costs. It is immediately enforceable.
Narva linn, A. Puškini tn 45a korteriühistu · 80250416
Editorial summary
The court awarded 7087.05 kroons in debt, 68.85 kroons in interest and a 1600-kroon court fee by default. The judgment is immediately enforceable without security.
The court awarded 7087.05 kroons in debt, 68.85 kroons in interest and a 1600-kroon court fee by default. The judgment is immediately enforceable without security.
Default judgment · Viru Maakohus · First instance
Narva linn, A. Puškini tn 45a korteriühistu · 80250416
Participants and roles
Claimant — Narva linn, A. Puškini tn 45a korteriühistu
Defendant — individual XX
The dispute and the court’s decision
Narva linn, A. Puškini tn 45a korteriühistu, named in the source as KÜ Puškini 45A, sued individual XX for debt. The retained abbreviated judgment does not disclose the origin of debt or circumstances of default determination.
The court awarded 7087.05 kroons in debt and 68.85 kroons in interest by default, totalling 7155.90 kroons. It declared the judgment immediately enforceable without security.
All costs were allocated to the defendant, and a 1600-kroon court fee was awarded to the association. Entry into force, actual payment and later appeals have not been checked.
Outcome of this decision
A combined 7155.90 kroons in debt and interest and a 1600-kroon court fee were awarded by default. The judgment is immediately enforceable without security.
Narva linn, Kreenholmi tn 17 korteriühistu · 80236107
Editorial summary
The association brought a monetary claim against a coordination centre. The court left it unexamined because the claimant had not secured an interpreter or an Estonian-speaking representative.
· Order leaving a claim unexaminedViru Maakohus Narva kohtumaja · First instance · № 2-06-30158/22Read actFirst instance
Debt claim left unexamined for lack of an interpreter
Editorial summary
The association brought a monetary claim against a coordination centre. The court left it unexamined because the claimant had not secured an interpreter or an Estonian-speaking representative.
Order leaving a claim unexamined · Viru Maakohus Narva kohtumaja · First instance
Narva linn, Kreenholmi tn 17 korteriühistu · 80236107
MTÜ Korteriühistute Koordinatsioonikeskus Meie Elamu · 80204509
Participants and roles
Claimant — Narva linn, Kreenholmi tn 17 korteriühistu
Defendant — MTÜ Korteriühistute Koordinatsioonikeskus Meie Elamu
The dispute and the court’s decision
Narva linn, Kreenholmi tn 17 korteriühistu, named in the source as KÜ Kreenholmi 17 Narva, claimed a debt from MTÜ Korteriühistute Koordinatsioonikeskus Meie Elamu. The order does not explain the underlying basis of the debt.
A court interpreter had been available at the preliminary hearing, but the court could not provide one for the main hearing. It had ordered the claimant in advance to find an interpreter or an Estonian-speaking representative and warned of the consequences. At the hearing, the requirement remained unmet: the representative did not speak Estonian and had no interpreter.
The court left the claim unexamined, finding a further adjournment unjustified: the case had been pending for four years and no valid reason for non-compliance had been given. All costs were allocated to the association. The court did not decide whether the debt existed; the source expressly explains that the same claim on the same grounds may be brought again. Entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The claim was left unexamined and all costs allocated to the association. The debt was not decided on its merits; the same claim may be brought again.
Following the debtor’s objection, the association’s payment-order claim moved to ordinary proceedings. The court refused admission because the claim was not corrected and the additional fee remained unpaid even after an extension.
· Order refusing to admit a claimViru Maakohus · First instance · № 2-10-7656/16Read actFirst instance
After the debtor objected: defective claim refused admission
Editorial summary
Following the debtor’s objection, the association’s payment-order claim moved to ordinary proceedings. The court refused admission because the claim was not corrected and the additional fee remained unpaid even after an extension.
Order refusing to admit a claim · Viru Maakohus · First instance
Narva linn, Energia tn 5 korteriühistu · 80250432
Participants and roles
Claimant — Narva linn, Energia tn 5 korteriühistu
Defendant — individual XX
The dispute and the court’s decision
Narva linn, Energia tn 5 korteriühistu, named in the source as Korteriühistu Narva Energia 5, sought a debt from defendant XX through expedited payment-order proceedings. The debtor objected, so those proceedings ended and the matter was transferred to ordinary civil proceedings. The amount and detailed basis of the debt are not given in this decision.
The court allowed 14 days to submit a proper claim and pay the court fee. At the claimant’s request, it extended the deadline to 9 September 2010, but the requirement remained unmet. Finding defects in the form of the claim and incomplete payment of the fee, the court refused admission.
Costs were allocated to the claimant, and the claim and attachments were to be returned after the order entered into force. This was not a finding that no debt existed. A note at the end of the source states that the order entered into force on 1 October 2010; later developments have not been reverified.
Outcome of this decision
Admission was refused because formal defects and incomplete fee payment were not remedied; costs remained with the claimant. The source records entry into force on 1 October 2010, without a merits decision on the debt.
Narva linn, A. Puškini tn 12 korteriühistu · 80189721
Apartment association bills, payments and debtsBills and justification of chargesApartment association meetings and decisionsMore topics
Documents and informationInspection and copies of documents
Editorial summary
The claimant XX challenged the association’s decisions and charges and sought documents. The court refused to admit the claim because the demands remained unclear, without deciding their merits.
Puškini tn. 12: unspecified claims to set aside decisions and obtain documents not accepted for proceedings
Editorial summary
The claimant XX challenged the association’s decisions and charges and sought documents. The court refused to admit the claim because the demands remained unclear, without deciding their merits.
Ruling · Viru Maakohus · First instance
Puškini tn. 12 korteriühistu · 80189721
Apartment association bills, payments and debtsBills and justification of chargesApartment association meetings and decisionsDocuments and informationInspection and copies of documents
Participants and roles
claimant XX — person who filed the claim
defendant — Puškini tn. 12 korteriühistu
defendant’s representative XX — management board member
The dispute and the court’s decision
Claimant XX brought a claim against the apartment association Puškini tn. 12 challenging decisions and charges for maintenance, rent, advertising and waste collection. The claimant also asked the court to obtain documents so that further claims could then be formulated. The court required the deficiencies in the claim to be remedied by clarifying its subject matter, grounds and evidence.
A revised claim was submitted, but it did not identify the specific decisions, meeting dates or circumstances showing an infringement of rights. The court noted that several claims could be joined, but each had to be expressed clearly. A request for documents has a separate subject matter and does not replace the need to formulate claims seeking to set aside decisions.
By its order of 9 July 2010, the court refused to accept the application for proceedings because the deficiencies had not been remedied. Costs were left to claimant XX; the documents were to be returned after the order entered into force. The court explained that a returned application is regarded as never having been filed or pending before the court.
This act did not resolve the disputed charges or the validity of the general meeting’s decisions. The procedural refusal does not establish a debt or mean that the unspecified claims were examined and dismissed on their merits.
Outcome of this decision
Refuse to accept the claim for proceedings against the apartment association Puškini tn. 12, send the order to claimant XX and leave the costs to the claimant. Return the claim and its attachments after the order enters into force.
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Editorial summary
The association claimed debt and interest. The court awarded 5274.83 kroons, including principal and interest, plus 1960 kroons in costs by default.
· Default judgmentViru Maakohus Narva kohtumaja · First instance · № 2-10-20586/5Read actFirst instance
Default award of debt and interest in kroons
Editorial summary
The association claimed debt and interest. The court awarded 5274.83 kroons, including principal and interest, plus 1960 kroons in costs by default.
Default judgment · Viru Maakohus Narva kohtumaja · First instance
Narva linn, Rahu tn 28 korteriühistu · 80158413
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
Claimant — Narva linn, Rahu tn 28 korteriühistu
Defendant — individual XX
The dispute and the court’s decision
Narva linn, Rahu tn 28 korteriühistu, named in the source as KORTERIÜHISTU RAHU 28, sued defendant XX for debt and interest. The retained decision does not detail the charges or the factual circumstances leading to default judgment.
The court awarded 5274.83 kroons: principal of 4339.20 kroons and interest of 935.63 kroons accrued by 1 April 2010. It also awarded 1960 kroons in costs: a 1000-kroon fee and 960 kroons for legal assistance.
Amounts remain in kroons as in the source. Actual payment, entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The default judgment awarded 5274.83 kroons, comprising 4339.20 kroons in debt and 935.63 kroons in interest, plus 1960 kroons in costs.
Narva linn, A. Puškini tn 15 korteriühistu · 80128553
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayMore topics
Instalments and payment schedules
Editorial summary
The court approved a settlement between the association and OÜ Veroset for 20000 kroons in four payments and terminated proceedings. Half the court fee was ordered refunded to the association.
· Order approving a settlementViru Maakohus · First instance · № 2-10-3525/21Read actFirst instance
Company settlement: four payments of 5000 kroons
Editorial summary
The court approved a settlement between the association and OÜ Veroset for 20000 kroons in four payments and terminated proceedings. Half the court fee was ordered refunded to the association.
Order approving a settlement · Viru Maakohus · First instance
Narva linn, A. Puškini tn 15 korteriühistu · 80128553
OÜ Veroset · 10925928
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delayInstalments and payment schedules
Participants and roles
Claimant — Narva linn, A. Puškini tn 15 korteriühistu
Defendant — OÜ Veroset
The dispute and the court’s decision
Narva linn, A. Puškini tn 15 korteriühistu, named in the source as KORTERIÜHISTU PUŠKINI 15, sued OÜ Veroset for debt and interest. At the hearing, the parties settled: the company undertook to pay 20000 kroons towards the debt existing on 31 December 2009.
Payment was arranged over four months at 5000 kroons by the 25th of each month, with the first due on 25 June 2010. The agreed terms set no separate additional interest sum.
The court found the agreement lawful and capable of performance, approved it and terminated proceedings. Each side bears its other costs; half the court fee, 3000 kroons, was ordered refunded to the association. The appeal deadline was shortened to two days from service. Performance and entry into force have not been reverified.
Outcome of this decision
The court approved OÜ Veroset’s undertaking to pay 20000 kroons in four monthly payments of 5000 kroons and terminated proceedings. A 3000-kroon fee refund was ordered for the association.
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Editorial summary
The owner had not paid maintenance and management charges and did not answer the association’s claim. The court awarded 6194.09 kroons in debt and interest and 1960 kroons in costs by default.
· Default judgmentViru Maakohus Narva kohtumaja · First instance · № 2-10-20207/5Read actFirst instance
Apartment upkeep: default award of debt and interest
Editorial summary
The owner had not paid maintenance and management charges and did not answer the association’s claim. The court awarded 6194.09 kroons in debt and interest and 1960 kroons in costs by default.
Default judgment · Viru Maakohus Narva kohtumaja · First instance
Narva linn, Rahu tn 28 korteriühistu · 80158413
Apartment association bills, payments and debtsDebt claimsLate-payment interest and consequences of delay
Participants and roles
Claimant — Narva linn, Rahu tn 28 korteriühistu
Defendant — apartment owner XX
The dispute and the court’s decision
Narva linn, Rahu tn 28 korteriühistu, named in the source as Korteriühistu Rahu 28, claimed 4882.83 kroons in maintenance and management arrears and 1311.26 kroons in interest from owner XX, totalling 6194.09 kroons.
The claim documents were served on the defendant, but no timely response or objections were submitted. At the association’s request, the court treated the factual allegations as unchallenged and the claim as legally justified, granting the full 6194.09 kroons by default.
It also awarded 1960 kroons in costs: a 1000-kroon court fee and 960 kroons for legal assistance. The judgment was declared immediately enforceable without security. Amounts remain in the source currency; actual payment, entry into force and subsequent appeals have not been reverified.
Outcome of this decision
The default judgment awarded 6194.09 kroons in debt and interest, plus 1960 kroons in costs. It is immediately enforceable without security.
Apartment association bills, payments and debtsDebt claimsBills and justification of chargesMore topics
Late-payment interest and consequences of delayContracts and servicesBuilding servicesWater and seweragePipes, risers and sewerage
Editorial summary
The association sought premises maintenance charges, utilities and interest from the company. The appeal court overturned dismissal and remitted the case to examine the costs and their allocation without awarding the claimed amount.
An anonymised association and OÜ Analan Auto: dismissal was set aside and the case remitted
Editorial summary
The association sought premises maintenance charges, utilities and interest from the company. The appeal court overturned dismissal and remitted the case to examine the costs and their allocation without awarding the claimed amount.
Judgment · Tartu Ringkonnakohus · Appeal
KÜ XX
OÜ Analan Auto · 10339202
Apartment association bills, payments and debtsDebt claimsBills and justification of chargesLate-payment interest and consequences of delayContracts and servicesBuilding servicesWater and seweragePipes, risers and sewerage
Participants and roles
claimant and appellant — KÜ XX
association’s representative — XX
defendant — OÜ Analan Auto
defendant’s representative — XX
The dispute and the court’s decision
An association whose name is concealed in the source sought maintenance charges, utility payments and late-payment interest from OÜ Analan Auto. The claim was increased to 29 595 kroons. The association relied on a maintenance contract. The company disputed the services, calculation and interest, and referred to sewer problems.
The county court dismissed the claim because the invoices did not establish what was payable or how much. The circuit court set aside the judgment in full and remitted the case; it did not award the amount claimed. A non-residential owner’s obligation to contribute to necessary management costs arises from statute, not solely from a maintenance contract. The association must nevertheless prove the costs’ composition, quantity, price and amount, and equal allocation principles for other owners. The contract and invoices did not themselves establish this. However, an invoice to an owner does not inherently have to satisfy every requirement for an accounting source document. The court directed use of the statutory late-payment rate.
Material facts had not been established. The fresh proceedings must clarify the claim and evidence and allow the defendant to respond. The sewer materials were considered irrelevant to deciding this claim; the system is common property. The court did not establish that it was in proper condition or decide a separate damages claim. Costs remained for the county court.
Outcome of this decision
The county court judgment of 18 December 2009 was set aside in full and the case remitted to the same county court. The 29 595 kroons claimed were not awarded by this judgment. Costs were left for the fresh proceedings.