After forcibly "removing" 290 euros from the account of the Municipality of Budva, the amount the court ruled in the name of damages because the local administration did not comply with the contract on the allocation of a three-bedroom apartment on favorable terms, the former secretary for city infrastructure and environment Nikola Divanović sued again Municipality to pay him another 34 thousand euros in the name of subtenancy.
This is what the Acting Secretary for Property Protection Vlado Ivanović told "Vijesta", stating that a new lawsuit against Divanović has arrived at the municipality's address.
At the end of May 2016, when Srđa Popović (DPS) was sitting in the president's chair, the Municipality of Budva passed a decision by which Nikola Divanović, who was the secretary of the Secretariat for City Infrastructure and Environment, meets the conditions for solving the housing need by purchasing a 98-square-meter apartment under favorable conditions. In the summer of 2020, Divanović was also in the chair of the first man of Budva, after the coup, when the DPS with the help of Montenegro and the fugitive councilor Stevan Džaković enabled a majority in the local parliament, which caused two and a half months of protests.
"The decision of the Municipality of Budva awarding Divanović a 98-square-meter apartment in a residential and commercial building, built by the Montenegrin Fund for Solidarity Housing Construction Ltd. Podgorica, was made on August 16, 2016. The real estate purchase agreement was drawn up three days later between the seller of the Municipality of Budva and of the buyer Divanović Nikola, by which the contracting parties agree to determine the total purchase price for the property in question in the amount of 16.954 euros, as well as that the buyer is obliged to pay the purchase price within 20 years from the date of conclusion of the contract, in equal monthly installments in the amount of 70,65 euros," reminded Ivanovic.
Ivanovic points out that in November 2016, the Montenegrin Fund for Solidarity Housing Construction informed the Municipality of Budva of the unilateral termination of the contract, because the purchase price was not paid in the manner stipulated in the contract, and that this represents the non-fulfillment of an essential element of the contract and the reason for termination.
"In March 2017, the Constitutional Court issued a decision revoking the Decision on housing relations adopted by the Budva Municipal Assembly in October 2009, that the decision is not in accordance with the constitution and the law, and on the basis of which the decision of the President of the Municipality to purchase an apartment under more favorable conditions", emphasized Ivanovic.
After that, as he said, Divanović filed a lawsuit with the court demanding that the Municipality pay him compensation for non-fulfillment of the contract, with statutory default interest from the day of the judgment until the final payment.
"He also asked for the costs of the litigation. The municipality of Budva contested the claim in its entirety. However, at the end of October last year, the Basic Court in Kotor issued a verdict accepting Divanović's claim and obliging the Municipality of Budva to pay him the amount of 284.200 euros in damages due to the non-fulfillment of the contract with statutory default interest from the day of the judgment until the final payment. The municipality files an appeal, and the High Court in Bijelo Polje in October of last year overturns the first-instance verdict and decides that the Municipality pays the plaintiff 267.246 euros, which was delivered to the Municipality of Budva in May this year, when we declared the audit to the Supreme Court of Montenegro. The Supreme Court has not yet decided," emphasized Ivanovic.
He stated that at the end of May, Divanović, by the decision of the public bailiff on the basis of the verdicts passed, forcibly collected from the account 286.904,66 euros in the name of the principal debt with interest, 2.792,06 euros in the name of costs of litigation proceedings with interest, 350 euros in the name of attorney's fees in the enforcement procedure, 175 euros for the costs of the public executor, as well as 2.004,35 euros for the award for the successful implementation of the public executor, and the amount of 405,55 euros for the costs of the bank commission.
"After more than 290 euros were charged from the account of the Municipality of Budva in favor of Nikola Divanović, the Secretariat for Property Protection received a new lawsuit from the same person for compensation for the payment of the apartment lease in the period from August 26, 2016 to May 28 in 2024 in the total amount of 34.000 euros. In our response to the lawsuit, we contested the plaintiff's claim in its entirety. Procedure in progress. The invitation for the preliminary hearing is awaited," Ivanovic emphasized.
According to him, Divanović submitted a contract with a Russian citizen from whom he rented an apartment, which he paid 300 euros per month, which was disputed by the local administration.
Divanović also submitted to the court receipts for monthly payments for the lease of the apartment in the period from March 2016 to May 2024.
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