Can the entire building be left without electricity due to HOA debts: a woman defended her right to information in court

The Uzhhorod City District Court of Zakarpattia region considered a civil case filed by an apartment owner against LLC "Zakarpattiaenergozbut" demanding to provide a proper written response to an inquiry regarding the possible disconnection of a multi-apartment building from electricity supply due to the HOA's debt. The court examined whether the consumer's right to receive complete, accessible, and reliable information about the housing and communal service was respected.

Essence of the case

The plaintiff is the owner of an apartment in a multi-apartment building where an HOA has been established and consumes electricity at her place of residence. In December 2025, she received information about the possible disconnection of the entire building from electricity supply due to the HOA's debt to the electricity supplier. In this regard, she applied to LLC "Zakarpattiaenergozbut" with a request to inform whether the disconnection of the building and her apartment from electricity supply was indeed planned, on what grounds it could be carried out, who the debtor is, the amount of the debt, and for what period it arose.

The energy supplier provided a response within the legally established timeframe. In it, the company informed about the existence of contractual relations with the HOA, noted the fact of the debt for consumed electricity, and indicated the absence of grounds to provide detailed information to a person who is not a party to the relevant contract. It also explained the possibility of obtaining information through the HOA.

The plaintiff considered such a response incomplete and effectively a refusal to provide the requested information. She emphasized that she is the end consumer of electricity, pays for the service properly, and has the right to know whether the electricity supply to her home could be interrupted due to the HOA's debts, which are not her personal debts.

In contrast, the defendant insisted that the inquiry was properly and timely considered. The company stated that information about contractual relations with the HOA and its debt concerns legal relations with a third party and contains information that should not be disclosed to outsiders. Furthermore, the defendant pointed to the absence of direct contractual relations between the parties and argued that there was no subject of dispute since a written response to the inquiry was provided.

Position and conclusions of the court

The court noted that according to the Law of Ukraine "On Citizens' Appeals," a person has the right not only to receive a response to an appeal but also to receive a substantive answer on the essence of the questions raised. The obligation of the entity to which the appeal is submitted is not only to comply with the deadlines for consideration but also to provide complete information within its competence. Formal responses without providing substantial information do not ensure the realization of the right to appeal.

The court also noted that although there is no direct contract for electricity supply between the parties, the plaintiff is effectively an individual electricity consumer, which is confirmed by payment for services and use of electricity at the place of residence. Under such circumstances, she enjoys consumer rights, including the right to receive necessary, accessible, reliable, and timely information about the service.

According to the court, the consumer's right to information is independent and cannot depend on the nature of contractual relations between the electricity supplier and the HOA. The requested information concerned the possible termination of electricity supply to the residence where the plaintiff lives and therefore directly affected her rights and interests as the end consumer of the housing and communal service.

The court rejected the defendant's arguments about the confidentiality of the requested information. The decision states that internal documents of a business entity concerning commercial secrets cannot limit the rights of consumers guaranteed by law. Moreover, information about the possible termination of electricity supply to a residential building and the grounds for such termination does not belong to commercial secrets or other information with restricted access.

In case No. 308/18560/25, the court specifically emphasized that even if some confidential information is present in the documents, this does not exempt from the obligation to provide other information access to which is guaranteed by law. In such cases, a balance must be ensured between the right to information and the protection of confidential data by excluding restricted information rather than completely refusing to provide a response.

Having assessed the circumstances of the case, the court concluded that although the defendant provided a response within the legally established timeframe, it did not contain a complete and substantive answer to the questions raised and was effectively a refusal to provide the requested information. Therefore, the plaintiff's rights as a consumer were violated.

As a result, the court satisfied the claim and obliged LLC "Zakarpattiaenergozbut" to provide the applicant with a proper and comprehensive response to the inquiry regarding the possible termination of electricity supply, excluding personal data as confidential information. The company was also ordered to pay the state court fee of UAH 1331.20.

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