Narva apartment associations Court decisions

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Materials for studying practice. An editorial summary does not replace an individual legal assessment or promise a dispute outcome.

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Apartment association / building

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Case 2-16-10352Source: Riigi Teataja ↗

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.

28.03.2018 · RulingViru Maakohus · First instance · № 2-16-10352/29Read actFirst instance28.03.2018

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.

Case 2-17-9852Source: Riigi Teataja ↗

Narva linn, Turu tn 3 korteriühistu · 80228912

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

How it started · editorial summary

The association reported payment and waived its claim; the court terminated proceedings.

26.02.2018 · RulingViru Maakohus · First instance · № 2-17-9852/14Read actFirst instance26.02.2018

Separate act page

Nartur-3: debt case against two defendants ended after a report of payment

Ruling · Viru Maakohus · First instance

KÜ Nartur-3 · 80228912

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Nartur-3; Defendants – XX and XX

How it started · editorial summary

The association reported payment and waived its claim; the court terminated proceedings.

The dispute and the court’s decision

The court accepted KÜ Nartur-3’s waiver of its claim against XX and XX and terminated the debt case. The association explained that it was waiving the claim because the defendants had paid the debt. On 16 February 2018, the association asked to end proceedings following payment. The court accepted the waiver and explained its consequence: the same claim against the same defendants on the same grounds cannot be brought again. This ruling makes no new award of debt or late-payment interest. The result is termination following the association’s waiver based on its report that the demand had been met.

Outcome of this decision

Accept KÜ Nartur-3’s waiver and terminate proceedings on its claim against the two defendants XX.

Translation of an anonymised, abridged excerpt from Estonian

Terminate proceedings on the claim by KÜ Nartur-3 against XX and XX for arrears, […]

Case 2-17-114918Source: Riigi Teataja ↗

Narva linn, Hariduse tn 26 korteriühistu · 80218606

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

How it started · editorial summary

The court awarded debt and late-payment interest by default after no response to the served claim.

19.02.2018 · JudgmentViru Maakohus · First instance · № 2-17-114918/8Read actFirst instance19.02.2018

Separate act page

Hariduse 26: utility debt, late-payment interest and court fee awarded by default

Judgment · Viru Maakohus · First instance

KÜ Hariduse 26 Narva · 80218606

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Hariduse 26 Narva; Defendant – owner XX

How it started · editorial summary

The court awarded debt and late-payment interest by default after no response to the served claim.

The dispute and the court’s decision

The apartment association Hariduse 26 Narva claimed building maintenance charges and late-payment interest from owner XX. The claim documents were served via the mailbox. The defendant was asked to respond in writing and warned of the consequences of not doing so, but no response or objections arrived in time. The court considered the claim legally justified and applied the default procedure, under which the claimant’s factual allegations are deemed admitted if no timely response is made. It awarded principal, accrued late-payment interest and the court fee, plus continuing late-payment interest of 0,07% per day on unpaid principal until repayment. The judgment is immediately enforceable without security. This does not confirm actual receipt of money by the association.

Outcome of this decision

Grant the claim by default: award principal, accrued late-payment interest, continuing late-payment interest of 0,07% per day on unpaid principal until repayment, and litigation costs. The judgment is immediately enforceable without security.

Translation of an anonymised, abridged excerpt from Estonian

7. The default judgment is immediately enforceable without security.

Case 2-17-15411Source: Riigi Teataja ↗

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.

21.11.2017 · RulingViru Maakohus · First instance · № 2-17-15411/3Read actFirst instance21.11.2017

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.

Case 2-17-100639Source: Riigi Teataja ↗

Narva linn, Kangelaste prospekt 23 korteriühistu · 80171052

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

How it started · editorial summary

The court approved payment of debt and costs to the association within the agreed period; it did not cancel one defendant’s separate obligation concerning state legal aid.

12.10.2017 · RulingViru Maakohus · First instance · № 2-17-100639/33Read actFirst instance12.10.2017

Separate act page

Kangelaste 23: debt settlement approved; obligation to reimburse state legal aid retained

Ruling · Viru Maakohus · First instance

Korteriühistu Kangelaste 23 · 80171052

Entry into force has not been reverified

Participants and roles: Claimant – Korteriühistu Kangelaste 23; Defendants – XX and XX; One defendant’s representative XX under state legal aid

How it started · editorial summary

The court approved payment of debt and costs to the association within the agreed period; it did not cancel one defendant’s separate obligation concerning state legal aid.

The dispute and the court’s decision

The court approved the settlement between Korteriühistu Kangelaste 23 and two defendants XX, terminating the debt and late-payment interest case. The defendants must pay the association the agreed arrears and 157,50 euros in litigation costs within the period set by the agreement. The parties signed the agreement on 20 September and submitted it to the court the following day. The ruling contains no detailed initial calculations or objections. The court considered the terms permissible and enforceable, approved them and explained the consequences of termination. If the obligations are not performed, the association may apply to a bailiff. Each participant bears its own remaining costs. The association was awarded a refund from the state budget of half the court fee, 137,50 euros. This refund is distinct from the costs the defendants undertook to pay under the agreement. Separately, one defendant requested release from reimbursing state legal aid. Aid had previously been granted on terms requiring reimbursement of 75% of its cost in one payment within six months after the lawyer’s fee was determined. The court retained that obligation, leaving the monetary amount for a separate ruling. The ruling records the agreed payments and the end of the dispute. It does not establish actual payment of the debt or costs or refund of the court fee.

Outcome of this decision

Defendants XX are to pay the association the agreed debt and 157,50 euros in costs within the agreed period. Approve the settlement and terminate the case; each bears its own remaining costs. Refund the association 137,50 euros in court fees from the state budget. One defendant’s obligation to reimburse state legal aid remains on the previous terms; the amount will be determined separately.

Translation of an anonymised, abridged excerpt from Estonian

3. Terminate proceedings on the claim by Korteriühistu Kangelaste 23 against XX and XX for arrears and late-payment interest.

Case 2-17-11991Source: Riigi Teataja ↗

Narva linn, Uusküla tn 9 korteriühistu · 80180269

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

How it started · editorial summary

The owner did not respond to the served claim; the court awarded debt, interest and 253 euros in costs by default.

21.09.2017 · JudgmentViru Maakohus · First instance · № 2-17-11991/5Read actFirst instance21.09.2017

Separate act page

Uusküla 9: utility debt, interest and costs awarded by default

Judgment · Viru Maakohus · First instance

KÜ Uusküla 9 · 80180269

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Uusküla 9; Defendant — owner XX

How it started · editorial summary

The owner did not respond to the served claim; the court awarded debt, interest and 253 euros in costs by default.

The dispute and the court’s decision

The court granted KÜ Uusküla 9’s claim against owner XX by default. The association was awarded principal and accrued interest, and separately a 175 euro state fee and 78 euros in legal costs. The association alleged that the defendant had not made mandatory monthly payments for building maintenance. It sought the debt, accrued interest and court costs. According to the act, the claim documents and court ruling were served personally on the defendant, confirmed by a signature. The court required a written response and warned of a possible default judgment. No response or objections arrived in time. The court found the claim legally justified and applied the default procedure rules. Under this procedure, the claimant’s factual assertions are deemed admitted due to the absence of a timely response. Costs were also allocated to the defendant: the court awarded 253 euros for the fee and legal assistance. The judgment was declared immediately enforceable without security. It does not confirm that the association actually received the money.

Outcome of this decision

Award the association principal, accrued interest, a 175 euro state fee and 78 euros in legal costs against XX. The judgment is immediately enforceable without security.

Translation of an anonymised, abridged excerpt from Estonian

3. The default judgment is immediately enforceable without security.

Case 2-17-9833Source: Riigi Teataja ↗

Narva linn, Turu tn 3 korteriühistu · 80228912

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

How it started · editorial summary

The defendant did not respond to the served claim; the court awarded the association debt, accrued interest and costs by default.

15.09.2017 · JudgmentViru Maakohus · First instance · № 2-17-9833/5Read actFirst instance15.09.2017

Separate act page

Nartur-3: utility debt, interest and court costs awarded by default

Judgment · Viru Maakohus · First instance

KÜ Nartur-3 · 80228912

Entry into force has not been reverified

Participants and roles: Claimant — KÜ Nartur-3; Defendant — owner XX; Association’s representative XX

How it started · editorial summary

The defendant did not respond to the served claim; the court awarded the association debt, accrued interest and costs by default.

The dispute and the court’s decision

The court granted KÜ Nartur-3’s claim against owner XX by default. The association was awarded utility debt and accrued late-payment interest. Court costs were awarded separately: a 175 euro state fee and 78 euros in legal costs, totalling 253 euros. The association alleged that the defendant was obliged to pay monthly for building maintenance but had made no payments. It sought those amounts and costs, and requested a default judgment if no response arrived. The first mailing of the claim documents was returned. The court sent the documents to another established address and deemed them served on 22 August 2017 by placement in a mailbox. The defendant was required to submit a written response and warned of a possible default judgment. No response or objections were submitted in time. The court found the claim legally justified. Under the default procedure rules applied, the facts stated by the claimant are deemed admitted if there is no timely response. The judgment was declared immediately enforceable without security. This permits immediate enforcement but does not confirm payment of the money awarded.

Outcome of this decision

Award the association debt, accrued interest and 253 euros in court costs against XX, including a 175 euro fee and 78 euros in legal costs. The judgment is immediately enforceable without security.

Translation of an anonymised, abridged excerpt from Estonian

3. The default judgment is immediately enforceable without security.

Case 2-17-10856Source: Riigi Teataja ↗

Narva linn, Uusküla tn 1 korteriühistu · 80175825

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

How it started · editorial summary

After personal service of the ruling accepting the claim, the defendant did not respond; the court gave a default judgment.

29.08.2017 · JudgmentViru Maakohus · First instance · № 2-17-10856/4Read actFirst instance29.08.2017

Separate act page

Uusküla 1: court awarded debt and late-payment interest by default after no response

Judgment · Viru Maakohus · First instance

Uusküla tn 1 KÜ ·

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

After personal service of the ruling accepting the claim, the defendant did not respond; the court gave a default judgment.

The dispute and the court’s decision

The court granted the claim by the apartment association Uusküla tn 1 against owner XX by default. The association was awarded principal and accrued late-payment interest against the defendant, plus 295 euros in litigation costs. The judgment was declared immediately enforceable. The association applied to the court on 14 July 2017. It alleged that the defendant owned an apartment and owed the association the stated arrears and late-payment interest. The brief judgment contains no further details of how the debt arose or substantive objections from the defendant. The court accepted the claim on 20 July. The ruling accepting it was served personally on the defendant against signature on 28 July 2017. The court allowed 14 days from service to respond and warned that failure to respond could result in a default judgment. The defendant did not respond in time. The court applied the default judgment rules and granted the claim. Litigation costs comprise a 250-euro court fee and 45 euros in contractual representative’s costs. The court found them justified and fully reimbursable. No separate continuing late-payment interest was awarded by this judgment. Immediate enforceability does not confirm actual payment of the debt or costs.

Outcome of this decision

Award the association debt, accrued late-payment interest and 295 euros in costs against XX. The judgment is immediately enforceable.

Translation of an anonymised, abridged excerpt from Estonian

3. The judgment is immediately enforceable.

Case 2-17-9661Source: Riigi Teataja ↗

Narva linn, Oru tn 17 korteriühistu · 80145965

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

How it started · editorial summary

The defendant did not respond within the time limit; the court awarded the association debt, late-payment interest and costs by default.

29.08.2017 · JudgmentViru Maakohus · First instance · № 2-17-9661/3Read actFirst instance29.08.2017

Separate act page

Oru 17: debt, accrued and continuing late-payment interest awarded by default

Judgment · Viru Maakohus · First instance

Narva Oru 17 KÜ · 80145965

Entry into force has not been reverified

Participants and roles: Claimant – Narva Oru 17 KÜ; Defendant – owner XX; Association’s contractual representative XX

How it started · editorial summary

The defendant did not respond within the time limit; the court awarded the association debt, late-payment interest and costs by default.

The dispute and the court’s decision

The court granted the claim by the apartment association Narva Oru 17 against owner XX by default. It awarded debt for building maintenance and utilities, accrued late-payment interest and continuing late-payment interest of 0,07% per day on the principal until payment. The association alleged that the defendant had not paid the invoices in full. It claimed the debt and interest for late payment. The court accepted the claim and deemed the corresponding ruling served by placement in the mailbox on 27 July 2017. It allowed 14 days to respond and warned the defendant of a possible default judgment. No response arrived in time. The court granted the claim under the default judgment rules and declared the judgment immediately enforceable. The defendant was also ordered to pay 525 euros in litigation costs: a 225-euro court fee and 300 euros in contractual representative’s costs. The court found them justified and fully reimbursable. The judgment confirms the awards, rather than actual payment.

Outcome of this decision

Award debt, accrued late-payment interest and continuing late-payment interest of 0,07% per day on the principal until payment. Award 525 euros in costs. The judgment is immediately enforceable.

Translation of an anonymised, abridged excerpt from Estonian

6. The judgment is immediately enforceable.

Case 2-17-9848Source: Riigi Teataja ↗

Narva linn, Turu tn 3 korteriühistu · 80228912

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

How it started · editorial summary

The brief default judgment awards the association debt with late-payment interest and litigation costs; it does not describe the circumstances of the dispute.

14.08.2017 · JudgmentViru Maakohus · First instance · № 2-17-9848/3Read actFirst instance14.08.2017

Separate act page

Natur-3: debt with late-payment interest and 178 euros in costs awarded by default

Judgment · Viru Maakohus · First instance

KÜ Natur-3 · 80228912

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Natur-3; Defendant XX; Association representative XX

How it started · editorial summary

The brief default judgment awards the association debt with late-payment interest and litigation costs; it does not describe the circumstances of the dispute.

The dispute and the court’s decision

The court granted the debt claim by the apartment association Natur-3 against XX by default. The association was awarded principal and accrued late-payment interest. Separately, the defendant was ordered to pay 178 euros in litigation costs: a 100-euro court fee and 78 euros in legal expenses. The court set out the result in an operative part without an account of the circumstances or reasons, using the option available for a default judgment. The judgment does not disclose the period in which the debt arose, the parties’ detailed arguments, how the claim was served or the specific circumstances underlying the default procedure. The judgment was declared immediately enforceable without security. This does not mean that the defendant has already transferred money. The judgment explains the option of applying to set aside the default judgment and reopen proceedings, and the claimant’s option of appealing. The source gives no subsequent outcome of any such applications.

Outcome of this decision

Award the association the debt and accrued late-payment interest, plus 178 euros in litigation costs, against XX. The judgment is immediately enforceable without security.

Translation of an anonymised, abridged excerpt from Estonian

3. The judgment is immediately enforceable without security.

Case 2-17-9835Source: Riigi Teataja ↗

Narva linn, Turu tn 3 korteriühistu · 80228912

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

How it started · editorial summary

A brief default judgment awarded debt, late-payment interest and costs; it sets out no detailed circumstances or reasons.

14.07.2017 · JudgmentViru Maakohus · First instance · № 2-17-9835/3Read actFirst instance14.07.2017

Separate act page

Natur-3: debt, late-payment interest and costs awarded in a brief default judgment

Judgment · Viru Maakohus · First instance

KÜ Natur-3 · 80228912

Entry into force has not been reverified

Participants and roles: Claimant – KÜ Natur-3; Defendant – XX

How it started · editorial summary

A brief default judgment awarded debt, late-payment interest and costs; it sets out no detailed circumstances or reasons.

The dispute and the court’s decision

The court granted the claim by KÜ Natur-3 against XX by default and awarded principal, accrued late-payment interest and litigation costs covering the court fee and legal assistance. The judgment has no account of the circumstances or reasons. This copy does not state the period in which the debt arose, the parties’ detailed positions, how the claim was served or why the defendant did not participate. These circumstances cannot be reconstructed from the operative part alone. The judgment is immediately enforceable without security but does not confirm receipt of money by the association. The defendant was informed of the option to apply to set aside the default judgment and reopen proceedings, and the claimant of the option to appeal. No subsequent review is established.

Outcome of this decision

Award the association principal, accrued late-payment interest and litigation costs against XX. The judgment is immediately enforceable without security.

Translation of an anonymised, abridged excerpt from Estonian

3. The judgment is immediately enforceable without security.

Case 2-16-126261Source: Riigi Teataja ↗

Narva linn, Partisani tn 3 korteriühistu · 80175376

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

How it started · editorial summary

No response arrived after service through the electronic court file; the court awarded debt, interest and the fee by default.

05.07.2017 · JudgmentViru Maakohus · First instance · № 2-16-126261/5Read actFirst instance05.07.2017

Separate act page

Partisani 3: principal, interest and state fee awarded by default

Judgment · Viru Maakohus · First instance

Korteriühistu Partisani 3 · 80175376

Entry into force has not been reverified

Participants and roles: Claimant — Korteriühistu Partisani 3; Defendant — owner XX

How it started · editorial summary

No response arrived after service through the electronic court file; the court awarded debt, interest and the fee by default.

The dispute and the court’s decision

The court granted the apartment association Partisani 3’s debt and interest claim against owner XX by default. The documents and ruling admitting the claim were served through the electronic court file. A response was due within 14 days of service and a default judgment warning was given, but no response arrived. The court awarded principal, accrued late-payment interest and a 200 euro fee. The short text contains no detailed independent examination of individual charges. The court did not accept the bank commission as recoverable court costs. A separate damages claim is not excluded, but no such claim was granted in this judgment. The judgment is immediately enforceable and does not confirm actual receipt of money.

Outcome of this decision

Award the association principal, accrued interest and a 200 euro fee against XX. Refuse the bank commission as court costs. The judgment is immediately enforceable.

Translation of an anonymised, abridged excerpt from Estonian

3. The judgment is immediately enforceable.