Narva apartment associations Court decisions

The apartment association Viru tn 20 sought restoration costs for a shared stairwell after a fire; Narva linn entered as legal successor to original participant XX.

Narva linn, Viru tn 20 korteriühistu applied for reimbursement of costs of remedying the consequences of the fire of 19 August 2019. It referred to soot and water damage in the shared stairwell and expenses of 4 767,29 euros. The demand was originally against owner XX; the court later allowed substitution by Narva linn as universal legal successor. In this case the city acted through Narva Linnavalitsuse Linnamajandusamet, rather than as a separate municipal company. After court-allowed negotiation time, the participants submitted an agreement on 31 January 2024. The city undertook to pay the association 3 986,69 euros: 3 178,19 euros for damage and 808,50 euros in costs. Payment is due within three days after entry into force of the ruling approving the settlement and ending the case. Association costs above the agreed 808,50 euros and the city’s own costs remained with the respective participants. The court found the parties entitled to dispose of the dispute and the terms admissible and enforceable. It approved the agreement and terminated proceedings without separately deciding the basis of liability for the fire. The association was also released from reimbursing the state for earlier legal aid, with those costs left to the budget. The association is to receive 25 euros back, half the fee paid. Participants also shortened the appeal period against the ruling to three days after service.

Approve the settlement: Narva linn through Linnamajandusamet pays the association 3 986,69 euros, including 3 178,19 euros for damage and 808,50 euros in costs, within three days after entry into force. Terminate the case. Leave other costs to participants; do not recover state legal aid costs from the association, leaving them to the budget. Refund the association a 25 euro fee.

The court found the association liable for damage during firefighting but accepted only part of the loss claimed.

The court partly granted owner XX’s claim against the apartment association Joala 11 Narva and awarded 2 647,72 euros for apartment damage during firefighting. Owner XX sought compensation from Korteriühistu Joala 11 Narva for water damage during extinguishing an attic fire on 15 January 2014. The final claim was 18 186,32 euros. The association disputed liability and the amount of loss. Insurer If P&C Insurance AS participated on its side as a third party without an independent claim. After the appeal court set aside an earlier dismissal, the county court reconsidered the case. It found the association the proper defendant: maintaining common property and ensuring safety were its duties. From witness testimony and Rescue Board materials, it concluded that one attic entrance had been unlocked. In the court’s view, this allowed outsiders in and led to the fire during whose extinguishing the apartment was damaged. However, the claimant did not prove the entire amount sought. The assessments submitted were made more than a year after the fire and could not reliably separate firefighting damage from earlier defects. The court preferred inspection materials prepared soon after the event and the corresponding restoration estimate. The claim was partly granted, with 2 647,72 euros awarded against the association. Each participant bears its own court costs. The court applied the law in force when the damage arose. Use of the decision in a new dispute should take account of subsequent legislative changes and the specific circumstances.

Partly grant the claim: award XX 2 647,72 euros against Korteriühistu Joala 11 Narva. Each participant bears its own court costs.

The court required examination of fire-safety measures and the basis of the association’s liability.

Owner XX sought compensation from Korteriühistu XX Narva for water damage caused while extinguishing a fire in the shared attic. The association disputed liability and the amount of loss; insurer If P&C Insurance AS participated as a third party. The first-instance court dismissed the claim for lack of proof of a breach by the association. The appellate court reversed and remitted the case. Association duties may arise directly from statute, rather than solely from its articles or meeting resolutions. Maintaining the common attic and basic fire safety are association responsibilities; failure to act may give rise to liability. The cause of the fire remained unresolved. The association must prove what safety measures it took; the court pointed to the need for a Päästeamet assessment of fire safety. Liability insurance does not remove the injured owner’s right to claim against the association. The insurer’s willingness to reimburse part of the loss and payments to other owners required examination, but did not constitute a final award in this claim. On rehearing, liability must be established first and the amount of loss then examined. The first-instance court will allocate costs according to the new outcome.

The dismissal was reversed and the case remitted; liability and the amount of compensation remain undecided.

The court did not establish a rent exemption in exchange for repairs.

KÜ Kangelaste 9 (now — Narva linn, Kangelaste prospekt 9 korteriühistu). KÜ Kangelaste 9 leased non-residential premises to MTÜ Uus Võimalus. After a fire, the tenant disputed rent for September and October 2014, citing unusability and a promised rent exemption in exchange for repairs. The court found no proof of that agreement and held the termination notice non-compliant. The handover record and testimony established termination on 25 October 2014. Crediting 38.13 euros paid after the claim, the court awarded debt of 782.15 euros, accrued late-payment interest of 278.67 euros and 0.1% per day on unpaid principal from 7 November 2015 until performance. Collection costs of 40 euros and procedural costs of 1,268 euros were also awarded. This decides the particular contract and does not establish subsequent payment.

Debt of 782.15 euros, late-payment interest of 278.67 euros and continuing late-payment interest, 40 euros collection costs and 1,268 euros procedural costs awarded.