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KKO 3203/1995 AI generated

Shareholder's claim for parking fee dismissed due to unapproved and unusable parking space.

Case Number KKO 3203/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Supreme Court dismissed the shareholder's claim for payment of a parking space fee. The shareholder argued that the assigned parking space was too narrow to use and had not approved the specific unit designated for it. The court ruled that the failure to utilize the space due to its dimensions and lack of approval did not justify the fee claim.

Legislator headnote

AI generated

Section 10 of the Act on the Administration of Housing Cooperatives; A shareholder cannot claim fees for a parking space if the space is unusable due to its dimensions and the shareholder has not approved the specific unit.

Keywords

AI generated
housing cooperative parking space fee unusable space shareholder approval diminutive dimensions fee claim dismissal property rights

Cited Legislation

AI generated
Section 10 of the Act on the Administration of Housing Cooperatives
AI generated
kko-precedent_1990_151
Supreme Court allows appeal against conviction for parking without permission on private grounds despite city rules.
kko-precedent_2005_22
Supreme Court allows appeal against summary dismissal of challenge to apartment company repair fee allocation under general clause.
kho-other_2016_2372
Administrative court dismissed appeal; private lease dispute falls under civil jurisdiction, not administrative law.
admin_2010_rovaniemi__483
Administrative court dismisses appeal against tax authority decision regarding shared property pipe replacement costs.
kho-precedent_2014_164
Court dismisses parking fine against owner who claims others used car and he was away at work. Owner failed to prove non-involvement.

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Full text

Kysymys autopaikasta asunto-osakeyhtiölle suoritettavasta maksusta, kun osakas ei ollut hyväksynyt hänen hallitsemaansa huoneistoon kuuluvaksi osoitettua autopaikkaa eikä ollut voinut käyttää autopaikkaa sen kapeuden vuoksi.