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Narva apartment associations Court decisions

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Narva linn, Rahu tn 14 korteriühistu · 80015323

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

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

· RulingViru Maakohus · First instance · № 2-21-108784/3Read actFirst instance

Separate act page

Rahu tn 14: court approved instalments for 2 209,11 euros

Ruling · Viru Maakohus · First instance

Narva linn, Rahu tn 14 korteriühistu · 80015323

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Rahu tn 14 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The apartment association Rahu tn 14 and debtor XX agreed acknowledgement of debt with costs and monthly instalments. The court approved the agreement and terminated the case.

The dispute and the court’s decision

The court approved Narva linn, Rahu tn 14 korteriühistu’s agreement with XX on an acknowledged obligation and monthly instalments, then terminated the case. After submission of the agreement, the case was transferred from Pärnu Maakohus to Viru Maakohus for approval. The ruling gives no separate objections to charges. The obligation includes management expenses, other payments, late-payment interest and court costs. The participants confirmed that payment had fallen due and allowed additional time for voluntary payment. The schedule provides equal monthly payments by month-end and a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day. Breach makes the entire agreed obligation immediately payable. Subsequent performance is not established by the act. The court found the agreement admissible. Each party bears other costs; the association was awarded a 33,25* euro fee refund. The participants waived appeal against the ruling.

Outcome of this decision

Approve XX’s agreement on the acknowledged obligation and monthly instalments with a separate final payment. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach makes the entire agreed obligation immediately due. Terminate the case; each party bears other costs; refund the association 33,25* euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs not specified in the settlement.

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

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

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

· RulingViru Maakohus · First instance · № 2-21-104304/3Read actFirst instance

Separate act page

Võidu prospekt 10: instalments for 4 403,90 euros approved until July 2028

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 10 korteriühistu · 80183397

Entry into force has not been reverified

Participants and roles: applicant — Narva linn, Võidu prospekt 10 korteriühistu; interested person XX — debtor and party to the agreement; association’s statutory representative XX

How it started · editorial summary

The parties agreed long-term monthly instalments. The court approved the terms and terminated the case; the act does not confirm subsequent performance.

The dispute and the court’s decision

The court approved Narva linn, Võidu prospekt 10 korteriühistu’s agreement with XX for long-term monthly instalments and terminated the case. The ruling confirms agreed terms without separately examining objections to how charges arose. The acknowledged obligation includes management expenses, late-payment interest and court costs. Included costs are not awarded again on top of the agreed sum. A first payment and subsequent equal payments no later than the last day of each month are provided. If deadlines are breached, the association may seek late-payment interest of 0,02% per day. Breach of the duty to pay debt instalments also makes the entire debt immediately payable. This ruling does not confirm subsequent performance or the current balance. The court found the agreement admissible. Each party bears other costs; the association was awarded a 68,30* euro fee refund. The parties waived appeal against the ruling.

Outcome of this decision

Approve the agreement with XX for long-term monthly instalments. Delay carries late-payment interest of 0,02% per day and breach of the schedule makes full payment immediately due. Terminate the case; each party bears other costs; refund the association 68,30* euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs not specified in the settlement.

Narva linn, A. Puškini tn 45 korteriühistu · 80197258

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

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

· RulingViru Maakohus · First instance · № 2-16-122254/86Read actFirst instance

Separate act page

Puškini 45: court approved a debt repayment schedule

Ruling · Viru Maakohus · First instance

korteriühistu Puškini 45 · 80197258

Entry into force has not been reverified

Participants and roles: Claimant — korteriühistu Puškini 45; Defendant — XX

How it started · editorial summary

The association’s debt and late-payment interest claim ended in a settlement with a payment schedule.

The dispute and the court’s decision

The apartment association Puškini 45 brought a debt and late-payment interest claim against XX. The court approved the parties’ agreement and terminated proceedings without separately resolving the original substantive objections. XX acknowledged the agreed principal. The first payment is due within three days after entry into force, followed by equal monthly payments by month-end. Delay of more than one day in any payment cancels the schedule, making all remaining principal due. Breach carries late-payment interest of 0,065% per day on unpaid principal. A separate clause provides statutory late-payment interest for delayed payment of the balance after cancellation of the schedule. Each party bears its own court costs. The association was awarded a 225 euro refund, half the fee. On non-performance, an application to a bailiff is possible; actual payment is not confirmed.

Outcome of this decision

Approve the agreement: first payment within three days after entry into force, followed by monthly payments. Delay of more than one day cancels the schedule and makes the balance due. Breach carries late-payment interest of 0,065% per day and a separate statutory late-payment interest clause for delay in paying the balance after cancellation. Terminate the case; each party bears its own costs; refund the association 225 euros in fees.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own procedural costs.

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

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

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

· RulingViru Maakohus · First instance · № 2-20-137937/3Read actFirst instance

Separate act page

V. Gerassimovi 4: settlement on debt and instalments

Ruling · Viru Maakohus · First instance

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

Entry into force has not been reverified

Participants and roles: Applicant – Narva linn, V. Gerassimovi tn 4 korteriühistu; Debtor entering the agreement – XX

How it started · editorial summary

Debt payable to the association was settled by agreement with six months of instalments.

The dispute and the court’s decision

The court approved the agreement between Narva linn, V. Gerassimovi tn 4 korteriühistu and XX on instalment repayment of arrears and terminated the case. The demand against another debtor had previously been left unexamined; this agreement concerns XX alone. XX acknowledged an obligation covering management expenses, other payments, late-payment interest and litigation costs. It provides for six months of instalments payable at month-end. Late-payment interest of 0,02% per day accrues on unpaid management expenses and other payments; breach of the schedule makes the whole debt immediately payable. The court considered the agreement enforceable and lawful. Each bears its other costs; a court fee refund is to be resolved by separate ruling after finality. The court did not accept the parties’ waiver of appeal: it considered this impermissible in these proceedings. The ruling does not confirm performance of the schedule.

Outcome of this decision

Approve the six-month instalment agreement with XX and terminate proceedings. It provides for late-payment interest of 0,02% per day on unpaid management expenses and other payments and immediate payment of all debt if the schedule is breached. Decide the court fee refund separately; the appeal waiver was not accepted.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-20-137937.

Narva linn, Vestervalli tn 14 korteriühistu · 80181062

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedules

How it started · editorial summary

The settlement makes a debt reduction conditional on proper payment and sets out the consequences of delay.

· Court orderViru Maakohus · First instance · № 2-19-138400/38Read actFirst instance

Separate act page

Vestervalli tn 14: conditional reduction of debt

Court order · Viru Maakohus · First instance

Narva linn, Vestervalli tn 14 korteriühistu · 80181062

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vestervalli tn 14 korteriühistu; Person concerned, debtor — XX

How it started · editorial summary

The settlement makes a debt reduction conditional on proper payment and sets out the consequences of delay.

The dispute and the court’s decision

Narva linn, Vestervalli tn 14 korteriühistu sought management-cost arrears from XX. After the case was transferred from expedited payment-order proceedings, the parties reached a settlement. The court approved it and ended the proceedings. The reduction of the acknowledged debt depends on proper payment of the agreed amount in equal instalments over one year. Interest of 8% per year applies to the unpaid amount. The association’s litigation costs are also paid by instalments. A late or incomplete payment makes the unpaid balance recoverable on the basis of the original debt without the reduction and the agreed costs. Proper performance settles the claims for the period covered by the agreement. The association was awarded a refund of 25 euros in state fees. The parties waived appeal. The order approves the terms but does not establish that they were performed.

Outcome of this decision

Approve the settlement and end the proceedings. The debt reduction depends on proper payment; interest of 8% per year applies to the unpaid amount. On breach, the unpaid balance of the original debt without the reduction and the agreed costs becomes recoverable. Refund 25 euros in state fees to the association.
Translation of an anonymised, abridged excerpt from Estonian
1. Approve the settlement concluded between Narva linn, Vestervallli tn 14 korteriühistu and XX.

Narva linn, Vahtra tn 2a korteriühistu · 80175127

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

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

· RulingViru Maakohus · First instance · № 2-20-113940/5Read actFirst instance

Separate act page

Vahtra 2a: court approved instalments and preserved the right to appeal

Ruling · Viru Maakohus · First instance

Narva linn, Vahtra tn 2a korteriühistu · 80175127

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Vahtra tn 2a korteriühistu; Debtor — XX

How it started · editorial summary

The settlement defined the debt amount and schedule but did not exclude appeal against the ruling.

The dispute and the court’s decision

Narva linn, Vahtra tn 2a korteriühistu sought debt from XX. After transfer from expedited payment order proceedings, the participants submitted an agreement. The court found it admissible and enforceable, approved it and terminated the case. XX acknowledged the agreed obligation, including management payments, late-payment interest and court costs. Monthly payments by the last day of each month and a separate final payment were established. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; breach of the schedule makes the entire obligation immediately enforceable. Each participant bears costs not provided for in the agreement. The fee refund is decided separately after entry into force. Although the participants waived appeals, the court explained that such waiver was impermissible in these non-contentious proceedings: the appeal procedure remained available. The act does not confirm performance.

Outcome of this decision

Approve monthly instalments and a final payment for the acknowledged obligation. Unpaid management expenses and other payments carry late-payment interest of 0,02% per day; on breach of the schedule the entire balance is immediately due. Terminate the case, leave other costs to participants and decide the fee refund separately. Preserve the right to appeal.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-20-113940.

Narva linn, Võidu prospekt 6 korteriühistu · 80170791

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

How it started · editorial summary

The agreement makes late-payment interest relief conditional on following the debt schedule and regulates costs separately.

· RulingViru Maakohus · First instance · № 2-19-108315/23Read actFirst instance

Separate act page

Võidu prospekt 6: instalments with conditional suspension of late-payment interest

Ruling · Viru Maakohus · First instance

Narva linn, Võidu prospekt 6 korteriühistu · 80170791

Entry into force has not been reverified

Participants and roles: Applicant — Narva linn, Võidu prospekt 6 korteriühistu; Interested person — XX

How it started · editorial summary

The agreement makes late-payment interest relief conditional on following the debt schedule and regulates costs separately.

The dispute and the court’s decision

Narva linn, Võidu prospekt 6 korteriühistu sought management cost debt from XX. The participants reached a settlement, which Viru Maakohus approved, terminating proceedings. The debtor acknowledged principal and accrued late-payment interest. Payment is provided over 17 months in monthly instalments. XX must also pay current association invoices within their stated deadlines. If the schedule is performed properly and on time, the association suspends late-payment interest on principal from the agreed date. On breach, the debtor loses that concession and late-payment interest on principal resumes from the same date. The agreement therefore grants conditional relief, rather than an unconditional waiver of all late-payment interest. XX must also pay the association 45 euros in court costs within three months of settlement approval. Delay in paying that particular sum carries late-payment interest of 0,2% per day on the unpaid balance. Each party bears other costs. The association was awarded a 25 euro refund, half the proper fee, and a separate 150 euro overpayment refund. The ruling does not confirm actual performance.

Outcome of this decision

Approve the agreement and terminate the case. Debt and accrued late-payment interest are paid monthly over 17 months; current invoices are paid separately. Compliance suspends late-payment interest on principal from the agreed date; breach restarts it from that same date. Pay a further 45 euros in costs within three months, with late-payment interest of 0,2% per day if those costs are late. Refund the association a 25 euro fee and a 150 euro overpayment.
Translation of an anonymised, abridged excerpt from Estonian
II. Terminate the proceedings in civil case 2-19-108315 following approval of the settlement.

Narva linn, Tallinna mnt 46 korteriühistu · 80170555

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

How it started · editorial summary

The agreement provides for five payments and no additional late-payment interest until the agreed schedule ends.

· RulingViru Maakohus · First instance · № 2-19-102905/3Read actFirst instance

Separate act page

Tallinna mnt 46: debt repayment schedule approved with late-payment interest suspended

Ruling · Viru Maakohus · First instance

Narva linn, Tallinna mnt 46 korteriühistu · 80170555

Entry into force has not been reverified

Participants and roles: Applicant – Narva linn, Tallinna mnt 46 korteriühistu; Debtor – XX

How it started · editorial summary

The agreement provides for five payments and no additional late-payment interest until the agreed schedule ends.

The dispute and the court’s decision

The court approved a debt repayment settlement and terminated payment order proceedings. Narva linn, Tallinna mnt 46 korteriühistu had sought recovery of arrears from XX in expedited payment order proceedings. After the payment proposal was sent, the participants settled and submitted the agreement to Viru Maakohus for approval. The court found it permissible and terminated proceedings. The debtor acknowledged arrears in mandatory payments, accrued late-payment interest, 22,50 euros* towards the court fee and 89,62 euros in legal expenses. The schedule provides for five payments. Until the end of the agreed schedule, the association will not charge additional late-payment interest on unpaid sums. If the debtor misses a payment, the full agreed amount becomes immediately payable. Each participant bears expenses not provided for in the agreement. In the operative part, the court ordered a refund to the association of half the fee, 22,50 euros*. The participants excluded the right to appeal the ruling. It records acknowledgment of the debt and how it is to be paid, but does not confirm receipt of payments. After termination by agreement, the same dispute between the same participants on the same grounds cannot be started again.

Outcome of this decision

Approve the agreement to pay the debt, late-payment interest, 22,50 euros* towards the court fee and 89,62 euros in legal expenses in five payments. No additional interest is charged until the agreed schedule ends. A missed payment makes the full agreed sum immediately payable. Terminate proceedings; order refund of 22,50 euros* in court fees to the association.
Translation of an anonymised, abridged excerpt from Estonian
3. The parties shall bear their own litigation costs not specified in the settlement.

Narva linn, Joala tn 11 korteriühistu · 80189885

Contracts and servicesWorks contracts and designPayment, advance payments and refundsApartment association bills, payments and debtsInstalments and payment schedules

How it started · editorial summary

The association and contractor settled the dispute about returning an advance. The court approved four payments totalling 1 095,82 euros and terminated the case.

· RulingViru Maakohus · First instance · № 2-18-102661/4Read actFirst instance

Separate act page

Joala tn 11: contractor agreed to return the remaining advance in four payments

Ruling · Viru Maakohus · First instance

Narva linn, Joala tn 11 korteriühistu · OÜ Disainteenused · 80189885 · 12513609

Entry into force has not been reverified

Participants and roles: applicant — apartment association, client commissioning the works; debtor — OÜ Disainteenused, contractor; organisations’ representatives XX

How it started · editorial summary

The association and contractor settled the dispute about returning an advance. The court approved four payments totalling 1 095,82 euros and terminated the case.

The dispute and the court’s decision

The court approved an agreement between Narva linn, Joala tn 11 korteriühistu and OÜ Disainteenused for payment of 1 095,82 euros and terminated the case. The agreed sum includes 1 030,82 euros in principal, a 45 euro fee and 20 euros in procedural costs. The association alleged that the company received an advance for works but the contract was terminated early for non-performance. The parties determined the value of work done and agreed return of the unused advance. The association claimed that the company had returned only part and sought the balance. This is a claim against a contractor, rather than an owner’s apartment maintenance debt. The company initially objected to a payment order and the case was transferred to Viru Maakohus. The participants then submitted a payment schedule and requested an end to the dispute. The court found the agreement admissible and enforceable. It did not separately decide the company’s request to withdraw its earlier objection: after approval, that no longer affected the outcome. Payment was set in four parts: 273,95 euros by 25 April, May and June 2018, and 273,97 euros by 25 July 2018. The company may pay earlier; it bears its own costs. The ruling does not confirm actual performance of the schedule.

Outcome of this decision

Approve the agreement: OÜ Disainteenused pays the association 1 095,82 euros — 273,95 euros by 25.04, 25.05 and 25.06.2018 and 273,97 euros by 25.07.2018; early payment is permitted. Leave the company’s own costs to it. Terminate the case and allocate costs under the agreement.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-18-102661.

Narva linn, Kosmonaudi tn 9, Linda tn 7 korteriühistu · 80180884

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

How it started · editorial summary

The court approved the debt and minimum monthly payment agreement and terminated the case.

· RulingViru Maakohus · First instance · № 2-16-10352/29Read actFirst instance

Separate act page

Kosmonaudi 9 / Linda 7: debt payments of at least 50 euros per month approved

Ruling · Viru Maakohus · First instance

Narva linn, Kosmonaudi tn 9, Linda tn 7 korteriühistu · 80180884

Entry into force has not been reverified

Participants and roles: Claimant — Narva linn, Kosmonaudi tn 9, Linda tn 7 korteriühistu; Defendant — XX

How it started · editorial summary

The court approved the debt and minimum monthly payment agreement and terminated the case.

The dispute and the court’s decision

The court approved a settlement between Narva linn, Kosmonaudi tn 9, Linda tn 7 korteriühistu and XX and terminated the debt and interest case. The agreed amount included principal, accrued interest and half the state fee. Monthly payments of no less than the agreed minimum are provided. This is a minimum contribution, not a prohibition on paying more. The court explained that an identical claim cannot be brought again; if the agreement is not performed, the association may apply to a bailiff. Each party bears its other costs. In addition to the half fee included in the defendant’s obligation, the association was awarded a separate 112,50 euro refund from the budget. The parties excluded the right to appeal. The act does not confirm payments or actual refund of the fee.

Outcome of this decision

Approve monthly payments of no less than the agreed minimum and terminate the case. Each party bears its other costs; order a refund to the association of 112,50 euros in fees from the budget.
Translation of an anonymised, abridged excerpt from Estonian
4. Terminate the proceedings in civil case No 2-16-10352.

Narva linn, Partisani tn 3a korteriühistu · 80152273

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

How it started · editorial summary

The court approved instalments under the association and XX’s agreement: nine monthly payments. Proceedings were terminated.

· RulingViru Maakohus · First instance · № 2-17-15411/3Read actFirst instance

Separate act page

Partisani 3a: court approved nine payments under a debt agreement

Ruling · Viru Maakohus · First instance

KÜ Partisani 3a · 80152273

Entry into force has not been reverified

Participants and roles: claimant — apartment association; defendant XX — party to the agreement; association’s representative XX

How it started · editorial summary

The court approved instalments under the association and XX’s agreement: nine monthly payments. Proceedings were terminated.

The dispute and the court’s decision

The court approved KÜ Partisani 3a’s agreement with defendant XX to repay debt and costs and terminated the case. The parties agreed nine monthly payments. The association had filed a debt claim. The ruling does not set out detailed original grounds for charges or the defendant’s objections: the parties presented an agreed way to end the dispute. The terms cover principal, accrued interest and 195* euros in procedural costs. The court reviewed the agreement and documents, found no conflict with the law or good morals and approved the terms. If payments are delayed by more than two months, the association may immediately seek compulsory recovery through a bailiff. Each participant bears other costs not specified in the agreement. The act contains no information on performance of the schedule. Approval establishes the parties’ obligations but does not confirm receipt of money by the association.

Outcome of this decision

Approve the agreement to repay debt, interest and 195* euros in costs in nine monthly payments. If payments are more than two months late, the association may seek immediate compulsory recovery. Terminate proceedings; leave unspecified costs to the participants.
Translation of an anonymised, abridged excerpt from Estonian
3. Leave procedural costs not specified in the settlement to the parties themselves.

Narva linn, Rakvere tn 30 korteriühistu · 80175096

Contracts and servicesTenancy and leaseApartment association bills, payments and debtsDebt claimsInstalments and payment schedules

How it started · editorial summary

Under the agreement, the tenancy was recognised as remaining in force; XX was allowed to pay costs and debt owed to the association in instalments.

· RulingViru Maakohus · First instance · № 2-15-17330/49Read actFirst instance

Separate act page

Rakvere 30: agreement preserved a municipal tenancy and provided instalment payments

Ruling · Viru Maakohus · First instance

Narva linn · SA Narva Linnaelamu · KÜ Rakvere 30 Narva · · 90003404 · 80175096

Entry into force has not been reverified

Participants and roles: Claimant — tenant XX; Defendant — Narva linn; City’s representative — SA Narva Linnaelamu; Third party on the city’s side — KÜ Rakvere 30 Narva

How it started · editorial summary

Under the agreement, the tenancy was recognised as remaining in force; XX was allowed to pay costs and debt owed to the association in instalments.

The dispute and the court’s decision

The court approved an agreement between XX and Narva linn, acting through SA Narva Linnaelamu, and ended the dispute seeking to cancel termination of a municipal tenancy. The parties confirmed that the tenancy remained in force. KÜ Rakvere 30 Narva participated as a third party on the city’s side. Under the agreement, XX agreed to pay court costs owed to SA Narva Linnaelamu and utility and maintenance debt owed to the association in instalments. The city retained the right to terminate the tenancy if the tenancy terms and the agreement’s utility payment and maintenance terms were breached. This is an agreed resolution preserving the tenancy, rather than a separate judicial determination of the lawfulness of the earlier termination. Each participant bears its other costs. Actual performance of the agreement has not been established.

Outcome of this decision

Approve the agreement: the parties confirmed continuation of the municipal tenancy and agreed instalments for costs and debt owed to the association. Terminate the case. The city retains its right to terminate for breaches specified in the agreement; each participant bears its other costs.
Translation of an anonymised, abridged excerpt from Estonian
III. Leave procedural costs not specified in the settlement to the parties themselves.