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Narva apartment associations Court decisions

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Case 2-17-4354Source: Riigi Teataja ↗

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

Relief from further late-payment interest depends on following the agreed schedule; the court approved the agreement and terminated proceedings.

· RulingViru Maakohus · First instance · № 2-17-4354/8Read actFirst instance

Separate act page

Gerassimovi 4: agreement approved for scheduled debt repayment by December 2017

Ruling · Viru Maakohus · First instance

KÜ Gerassimovi 4 Narva · 80170236

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Gerassimovi 4 Narva; Defendant – XX

How it started · editorial summary

Relief from further late-payment interest depends on following the agreed schedule; the court approved the agreement and terminated proceedings.

The dispute and the court’s decision

The court approved the agreement between the apartment association Gerassimovi 4 Narva and XX for scheduled debt repayment by December 2017 and terminated proceedings. The agreed amount included principal, past and current late-payment interest, and costs. If the payment amounts and deadlines were followed, the association undertook not to charge further late-payment interest on the total agreed debt up to and including 25 December 2017. Breach of the schedule provides for immediate recovery of the full agreed debt and late-payment interest; this clause does not specify a further rate. Each bears its own remaining costs. A partial court fee refund is to be decided by a separate ruling after this ruling becomes final. These are agreed terms, rather than an independent judicial examination of the original justification for every charge; performance is not established.

Outcome of this decision

Approve the agreement on scheduled debt repayment and terminate the case. If the schedule is followed, no further late-payment interest accrues up to and including 25 December 2017; breach provides for immediate recovery of the agreed debt and late-payment interest. Each party bears its own remaining costs.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case No. 2-17-4354.
First instance
Case 2-16-124683Source: Riigi Teataja ↗

Narva linn, Rakvere tn 89 korteriühistu · 80145528

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

How it started · editorial summary

The parties agreed on the debt amount, instalments, current payments and interest on delay; the court approved the agreement.

· RulingViru Maakohus · First instance · № 2-16-124683/3Read actFirst instance

Separate act page

Rakvere 89: court approved debt instalments and an obligation to pay current invoices

Ruling · Viru Maakohus · First instance

KÜ Rakvere 89 Narva · 80145528

Entry into force has not been reverified

Participants and roles: Applicant — KÜ Rakvere 89 Narva; Debtor under the agreement XX; Association’s representative XX

How it started · editorial summary

The parties agreed on the debt amount, instalments, current payments and interest on delay; the court approved the agreement.

The dispute and the court’s decision

The court approved the agreement between the apartment association Rakvere 89 Narva and XX and terminated the case. Under the agreement, the defendant acknowledged the principal debt, late-payment interest and case costs. The terms provide for repayment in instalments. In addition to debt payments, XX undertook to pay the association’s current invoices. Late repayment of principal carries interest of 0,07% per day on the unpaid principal. The agreement was submitted to the court while the payment order proceedings were still underway. Pärnu Maakohus transferred the matter to Viru Maakohus because the parties had agreed on other terms as well as a payment schedule. Viru Maakohus found the agreement admissible and enforceable, approved it and ended the proceedings without deciding the merits of the claim. The court separately left each participant to bear their own costs. It explained that the same dispute against the same defendant on the same grounds cannot be brought again. The act establishes payment terms but does not confirm that payments were made.

Outcome of this decision

Approve the agreement to repay the debt in instalments. XX must also pay current invoices and interest of 0,07% per day if repayment of principal is late. Terminate the proceedings; each party bears its own costs.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-16-124683.
First instance
Case 2-16-11537Source: Riigi Teataja ↗

Narva linn, Uusküla tn 1 korteriühistu · 80175825

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedules

How it started · editorial summary

The defendant admitted the claim and requested instalments; the court granted the demands and set monthly payments.

· JudgmentViru Maakohus · First instance · № 2-16-11537/7Read actFirst instance

Separate act page

Uusküla 1: court granted an admitted claim and allowed payments of 400 euros per month

Judgment · Viru Maakohus · First instance

Uusküla tn 1 KÜ · 80175825

Entry into force has not been reverified

Participants and roles: Claimant – Uusküla tn 1 KÜ; Defendant – owner XX; Association’s contractual representative XX

How it started · editorial summary

The defendant admitted the claim and requested instalments; the court granted the demands and set monthly payments.

The dispute and the court’s decision

The court granted the apartment association Uusküla tn 1’s claim against owner XX on the basis of admission. In a written response, the defendant admitted the demands and asked for monthly payments; the court granted the request and set the arrangements for performing the judgment. Litigation costs were also awarded against the defendant. The court noted that immediate admission of a claim does not in itself remove liability for costs: in this case, the defendant’s conduct had given reason to go to court. The defendant raised no objections to the costs. This is a judgment based on admission with court-ordered instalments, rather than a default judgment or approval of a settlement. It is immediately enforceable without security. Admission and the payment schedule do not establish actual payment of the debt or costs.

Outcome of this decision

Grant the association’s claim against XX on the basis of admission; order monthly payments until full payment and award litigation costs. The judgment is immediately enforceable without security.
Translation of an anonymised, abridged excerpt from Estonian
5. The judgment is immediately enforceable without security.
First instance
Case 2-16-10336Source: Riigi Teataja ↗

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

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

How it started · editorial summary

The settlement sets instalments and default consequences but does not prove later payment.

· Court orderViru Maakohus · First instance · № 2-16-10336/6Read actFirst instance

Separate act page

Debt instalments under an approved settlement

Court order · Viru Maakohus · First instance

KORTERIÜHISTU NARVA UNISTUS · 80180884

Entry into force has not been reverified

Participants and roles: Association — claimant and settling party; XX — defendant and settling party

How it started · editorial summary

The settlement sets instalments and default consequences but does not prove later payment.

The dispute and the court’s decision

KORTERIÜHISTU NARVA UNISTUS (now — Narva linn, Kosmonaudi tn 9, Linda tn 7 korteriühistu). KORTERIÜHISTU NARVA UNISTUS and XX agreed to settle a debt claim. Following a partial payment, XX acknowledged the remaining debt and the agreed share of costs. The settlement provides for three instalments; a delay of even one day on any instalment makes the whole balance immediately due and triggers daily late-payment interest of 0.07% on the unpaid part. The source does not disclose the substantive basis of the original claim.

Outcome of this decision

The court approved the settlement and terminated the proceedings. Costs follow the agreement; each party bears its costs not covered by it. The court reserved the refund issue for a separate order after this order becomes final.
Translation of an anonymised, abridged excerpt from Estonian
Terminate proceedings in civil case No 2-16-10336.
First instance
Case 2-16-2463Source: Riigi Teataja ↗

Narva linn, Juhkentali tn 6 korteriühistu · 80236679

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

How it started · editorial summary

The court approved a three-month payment schedule and separate reimbursement of costs.

· Court orderViru Maakohus · First instance · № 2-16-2463/6Read actFirst instance

Separate act page

Jaamaga: instalments approved by settlement

Court order · Viru Maakohus · First instance

Jaamaga KÜ · 80236679

Entry into force has not been reverified

Participants and roles: claimant — Jaamaga KÜ; defendant — owner XX

How it started · editorial summary

The court approved a three-month payment schedule and separate reimbursement of costs.

The dispute and the court’s decision

Jaamaga KÜ (now — Narva linn, Juhkentali tn 6 korteriühistu). Jaamaga KÜ claimed management charges and late-payment interest from owner XX. The parties agreed the outstanding balance after an earlier partial payment and payment over three months. Litigation costs of 325 euros are payable separately by 31 July 2016; current invoices remain a separate obligation. The court approved the settlement and discontinued proceedings without a separate judgment on the original claims. The same parties cannot bring the same claim again; breach of the settlement can lead to enforcement. By agreement, the appeal period was shortened to three days after service of the order. The order does not establish that future payments were made.

Outcome of this decision

The settlement was approved and proceedings discontinued. The balance is payable by instalments, with costs separately.
Translation of an anonymised, abridged excerpt from Estonian
2. Discontinue proceedings in civil case No 2-16-2463.
First instance
Case 2-15-17751Source: Riigi Teataja ↗

Narva linn, Kreenholmi tn 5 korteriühistu · 80180766

Apartment association bills, payments and debtsDebt claimsInstalments and payment schedules

How it started · editorial summary

The settlement separated instalments for management-cost debt and costs while retaining current invoices.

· Court orderViru Maakohus · First instance · № 2-15-17751/8Read actFirst instance

Separate act page

Kreenholmi 5: separate schedules for debt and costs

Court order · Viru Maakohus · First instance

KORTERIÜHISTU KREENHOLMI 5 · 80180766

Entry into force has not been reverified

Participants and roles: Claimant — KORTERIÜHISTU KREENHOLMI 5; Defendant — XX

How it started · editorial summary

The settlement separated instalments for management-cost debt and costs while retaining current invoices.

The dispute and the court’s decision

KORTERIÜHISTU KREENHOLMI 5 (now — Narva linn, Kreenholmi tn 5 korteriühistu) brought a management-cost arrears claim against XX. The court approved a settlement and terminated proceedings without separately deciding the original claim on its merits. The agreement provides for monthly repayment of management-cost arrears over 24 months. Separately, 280 euros* in civil-proceeding costs are payable in their own monthly instalments over 24 months as well. XX must also pay current management invoices regularly and on time. The stated terms contain no special late-payment interest or clause accelerating the entire balance. Costs follow the settlement; each participant bears any unlisted costs. The court made no additional costs award beyond the agreement. By agreement, the interlocutory appeal period was shortened to 3 days after service; the act also states an outer limit of five months after the order. The settlement and termination do not establish actual payment of instalments.

Outcome of this decision

The settlement was approved and proceedings terminated. Principal and 280 euros* in costs are payable under separate schedules over 24 months; current invoices remain payable in addition. Other costs remain with the participants. Actual performance is not established.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-15-17751.
First instance
Case 2-15-7508Source: Riigi Teataja ↗

Narva linn, Kangelaste prospekt 7 korteriühistu · 80162656

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

How it started · editorial summary

The association and company agreed on debt and two payments.

· Court orderViru Maakohus · First instance · № 2-15-7508/17Read actFirst instance

Separate act page

Debt settlement between a company and an association

Court order · Viru Maakohus · First instance

OÜ Reacilvia · KÜ KANGELASTE 7 · 11509534 · 80162656

Entry into force has not been reverified

Participants and roles: claimant — OÜ Reacilvia; defendant — KÜ KANGELASTE 7

How it started · editorial summary

The association and company agreed on debt and two payments.

The dispute and the court’s decision

KÜ KANGELASTE 7 (now — Narva linn, Kangelaste prospekt 7 korteriühistu). OÜ Reacilvia claimed debt and late-payment interest totalling 14,905.08 euros from KÜ KANGELASTE 7. The association contested the claim. The court approved a settlement: the association acknowledges 12,500 euros and must pay 6,250 euros by each of 30 January and 1 September 2016. The company waives late-payment interest. No mutual claims remain after that debt is paid. Proceedings were terminated; each party bears its own costs and waives appeal. On entry into force, 350 euros of the 700-euro state fee is to be refunded to the company. The order approves terms rather than establishing performance; the contract underlying the debt is not disclosed.

Outcome of this decision

Two payments of 6,250 euros and waiver of late-payment interest approved; proceedings terminated, fee refund 350 euros.
Translation of an anonymised, abridged excerpt from Estonian
1.2. The claimant waives the claim for late-payment interest.
First instance
Case 2-15-5025Source: Riigi Teataja ↗

Narva linn, Linda tn 1 korteriühistu · 80180424

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

How it started · editorial summary

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

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

Separate act page

Linda 1: instalments over 31 months and current invoices

Court order · Viru Maakohus · First instance

KÜ Linda 1 · 80180424

Entry into force has not been reverified

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

How it started · editorial summary

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

The dispute and the court’s decision

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

Outcome of this decision

The instalment settlement was approved and proceedings terminated. Current invoices remain payable separately; delay allows full recovery with late-payment interest of 0.1% per day. Costs follow the agreement; refund 100 euros in state fees to the association after finality.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate proceedings in civil case no. 2-15-5025.
First instance
Case 2-15-106808Source: Riigi Teataja ↗

Narva linn, P. Kerese tn 15 korteriühistu · 80218285

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

How it started · editorial summary

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

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

Separate act page

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

Ruling · Viru Maakohus · First instance

Kerese 15 Narva KÜ · 80218285

Entry into force has not been reverified

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

How it started · editorial summary

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

The dispute and the court’s decision

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

Outcome of this decision

Approve the instalments and consequences of late payment: immediate payment of the balance, a contractual penalty and further late-payment interest. Terminate the case and allocate costs under the agreement; refund the association 100 euros in state fees after the ruling enters into force.
Translation of an anonymised, abridged excerpt from Estonian
5. Terminate the proceedings in civil case No 2-15-106808.
First instance
Case 2-15-6248Source: Riigi Teataja ↗

Narva linn, V. Gerassimovi tn 4 korteriühistu · 80170236

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

How it started · editorial summary

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

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

Separate act page

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

Ruling · Viru Maakohus · First instance

KÜ Gerassimovi 4 Narva · 80170236

Entry into force has not been reverified

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

How it started · editorial summary

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

The dispute and the court’s decision

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

Outcome of this decision

Approve instalments over one year, cessation of late-payment interest from signing of the agreement and a right to early payment. Terminate the case; leave each party to bear its own costs. Decide refund of costs separately.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-15-6248.
First instance
Case 2-14-15096Source: Riigi Teataja ↗

Narva linn, Võidu prospekt 9 korteriühistu · 80289285

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

How it started · editorial summary

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

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

Separate act page

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

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU VÕIDU 9 NARVA · 80289285

Entry into force has not been reverified

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

How it started · editorial summary

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

The dispute and the court’s decision

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

Outcome of this decision

Approve the one-year debt repayment schedule, payment of current bills and late-payment interest upon default. Terminate proceedings. The defendant reimburses half the court fee on the schedule; the association is entitled to a refund of 87,50 euros* from the state budget after the ruling becomes final.
Translation of an anonymised, abridged excerpt from Estonian
1. Terminate proceedings in civil case No. 2-14-15096.
First instance
Case 2-15-5223Source: Riigi Teataja ↗

Narva linn, Rakvere tn 34 korteriühistu · 80175512

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

How it started · editorial summary

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

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

Separate act page

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

Ruling · Viru Maakohus · First instance

KORTERIÜHISTU RAKVERE 34 NARVA · 80175512

Entry into force has not been reverified

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

How it started · editorial summary

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

The dispute and the court’s decision

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

Outcome of this decision

Approve the seasonal debt repayment schedule and the term making the entire agreed amount immediately payable on breach. Terminate the case. Allocate costs under the agreement; determine the refund of half the state fee separately.
Translation of an anonymised, abridged excerpt from Estonian
2. Terminate the proceedings in civil case No 2-15-5223.
First instance