Dispute Over Common Property in a Building – Complete Legal Guide

What is a Dispute Over Common Property in a Building?

A dispute over common property in a building is a disagreement between residents (apartment owners) or between residents and the building committee regarding the use, maintenance, payment, or rights to the common areas of the building. Common property includes stairwells, machine rooms, roof, basement, building facade, elevator, shared parking spaces, gardens, and any other part not owned individually by a single resident. These disputes can be complex and often require a deep understanding of Israeli condominium law and tenant rights.

The most common disputes involve payment of maintenance fees, repair and renovation costs for common areas, homeowners' association claims for non-payment, unfair cost allocation, or disputes over the right to use shared spaces. Each case is unique, and the outcome depends on specific circumstances, the building's bylaws, and previous board decisions.

Why is it Important to Consult with a Specialized Attorney?

Condominium law in Israel is complex and includes many legal provisions. An attorney specializing in this field can examine the building's bylaws, assess board decisions, and guide you regarding your rights and obligations. Mandelboim, Gor, Witzman-Gor & Co., Attorneys at Law, has experience since 2008 in real estate and civil-commercial law, and can provide personal and in-depth advice on common property disputes and building committee disputes.

Common Types of Common Property Disputes

• Claims for non-payment of maintenance fees: The building committee may file a claim against a resident who has not paid monthly or annual maintenance fees. The claim may include interest, legal costs, and collection fees.
• Disputes over cost allocation: When the building committee decides on a major expense (such as repairing external walls or replacing an elevator), residents may dispute the fairness of how costs are divided among apartments.
• Disputes over usage rights: Disagreements regarding the use of shared parking spaces, shared balconies, or other parts of the common property.
• Failure to perform repairs and maintenance: When the building committee fails to perform necessary repairs in common areas, residents may file a claim to force performance of repairs or to obtain compensation.
• Breach of bylaws: Disputes arising from a breach of the building's bylaws by a resident or by the building committee itself.
• Disputed building committee elections: Disputes over the validity of committee elections or improper management of common property.

The Rights of Residents in a Shared Building

Under Israeli condominium law, every resident has basic rights that should be understood. First, a resident has the right to use the common areas of the building in accordance with the building's bylaws and in accordance with board decisions. Second, a resident has the right to be informed of all board decisions and expected expenses, and to receive an annual report on building funds. Third, a resident has the right to participate in voting on significant decisions of the condominium, including the election of board members.

Additionally, a resident has the right to protect themselves against a building committee acting wrongfully, and can file a claim in a homeowners' association or in court to annul decisions that were beyond the committee's authority or were made improperly. Residents can also demand an external audit of the condominium's accounts, and object to decisions that seem unfair or illegal to them.

Filing a Claim in a Joint Property Building

When a dispute arises concerning joint property, the first approach is usually to attempt reaching an agreement with the building committee or with the other tenant on the matter. However, when negotiations fail, a claim can be filed in a joint property building. A claim in a joint property building is a legal proceeding designed to resolve disputes between tenants or between tenants and the building committee.

The first step in filing a claim is to consult with an attorney specializing in joint property law. The attorney will examine your case, review the building regulations, and assess the likelihood of success of the claim. Subsequently, the attorney will submit the statement of claim to the competent court, which is usually the district court in the area where the building is located.

In a joint property building claim, you must prove your allegations through documents, testimony, and expert opinions if necessary. The building committee (or the other tenant) will be served with a statement of defense and will be able to defend itself in court. Typically, the court will attempt to bring the parties to an agreement before a full trial takes place. If an agreement cannot be reached, a trial will be held in which both parties can present their arguments and evidence.

Steps in a Joint Property Building Claim:

1. Initial Legal Consultation: A meeting with an attorney to examine the case and review the evidence you possess.
2. Filing the Statement of Claim: Submission of a formal claim to the competent court with all allegations and initial evidence.
3. Receipt of Statement of Defense: The other party (building committee or another tenant) files a statement of defense in which it contests your allegations or presents its own defenses.
4. Discovery Period: Both parties are given a period during which they can present additional evidence, documents, and expert opinions.
5. Settlement Hearings: Settlement hearings are typically held in which the court attempts to bring the parties to an agreement.
6. Trial and Judgment: If no agreement is reached, a full trial is held and on the final day the court issues a judgment.

Costs and Attorney's Fees in a Joint Property Building Claim

The costs of filing a claim in a joint property building include court fees, attorney's fees, and expert opinions (if required). Court fees are set by the government and are related to the amount of the claim. Attorney's fees vary according to the agreement between you and the attorney, but are typically set as a percentage of the claim amount or as fixed hourly fees.

It is important to know that in many cases, the court may order the losing party to pay part of the costs of the prevailing party. This includes attorney's fees and expert opinions. Therefore, it is important to understand the expected expenses before you decide to file a claim. Mandelbaum, Gor, Witzman-Gor and Partners Law Office will be able to provide a comprehensive estimate of the expected costs of your claim at an initial consultation meeting at no cost.

Alternative Solutions for Joint Property Disputes

Not every dispute over joint property requires filing a claim in court. There are alternative ways to resolve disputes that may be faster, cheaper, and less emotionally taxing. One of the common methods is mediation, in which a neutral third party assists the parties in reaching an agreement. Mediation may be particularly effective in disputes between neighbors or between tenants and a building committee, as it maintains better relationships than litigation.

Another way is to appeal to an appeals committee of a joint property building, if one exists in your building's regulations. The appeals committee can review decisions of the committee and approve or cancel them. This method is usually cheaper than filing a claim in court. Additionally, in some cases, you can attempt direct negotiation with the committee or with the other tenant, with or without the help of an attorney. Effective negotiation can save significant time, money, and effort.

Comparison Table: Common Disputes in Shared Property

The table presents estimated scenarios only. Each case is unique, and the duration of proceedings depends on case complexity, party cooperation, and court workload. Mandelblit, Gor, Witzman-Gor and Co. will evaluate your specific case and provide a more accurate estimate during a consultation meeting.

Why Choose Mendelboim, Gor, Witzman-Gor & Co. Law Offices for Shared Property Disputes?

Mendelboim, Gor, Witzman-Gor & Co. Law Offices is a boutique family law firm specializing in real estate law, property, and civil-commercial matters, with experience since 2008. Our team has deep expertise in shared property law, tenant rights, and shared property claims. We believe in a personal and dedicated approach to every client, providing full attention to your details and needs.

What makes us unique is that we offer a free initial consultation meeting, where you can assess your case with an expert attorney, receive clear advice regarding your rights, and understand the next steps. We will help you understand your dispute, explore your options, and develop a legal strategy tailored to your needs.

Our office is located in Ramat Gan and also in Petah Tikva, so we can be accessible to you at any time. We work with tenants, real estate buyers and sellers, apartment owners in urban renewal projects, and anyone who needs legal assistance regarding shared property and shared property disputes. If you need legal advice or representation in a shared property claim, we are here to help.