Korteriühistu kohustus hüvitada kahju
I own an apartment in a Tallinn korteriühistu. In February 2026, a canalisation failure from the building's shared infrastructure caused damage to my corridor floor. The board member acknowledged the issue in writing and requested photos and a repair cost estimate, which I provided the same day. Despite multiple follow-ups over two months — emails, phone calls, written messages, and a registered letter — the board has not responded at all. TTJA confirmed they have no jurisdiction and directed me to maakohus. What is the most effective legal step to compel the board to act and recover repair costs? Is filing a claim in maakohus the correct route at this stage?
The board of the korteriühistu must ensure the maintenance of the common property (e.g. sewage) and compensate the apartment owner for damage caused by a common plumbing failure. If the board ignores the claim, the apartment owner may file a claim for compensation in the county court (in civil court proceedings).
I recommend once again sending the board a letter of claim, giving a deadline for eliminating the damage resulting from the sewage failure and explaining that if the board does not eliminate the damage by the deadline specified in the letter, you will do it yourself and collect compensation for the repair costs through the claims court.
The limitation period for a claim arising from the unlawful causing of damage is three years from the time when the entitled person became aware or should have become aware of the damage and the person obliged to compensate for the damage, but it is advisable to act quickly.
When applying to court, all evidence must be submitted and the circumstances of the damage must be clearly described.