Apply to the Superintendent of Land Registration, who has the power to order the management committee or the apartment owners to act.
Repaired shared plumbing on your own initiative? You will not always be reimbursed
In brief: Responsibility for repairing the common property lies with the condominium's management committee, in accordance with the decisions of the general meeting. An apartment owner who carries out a repair himself, without a decision and without applying to the Superintendent, will be reimbursed only in exceptional cases where urgency and necessity have been proved. In a case in which we acted, a claim for reimbursement of the cost of replacing a shared pipe was dismissed, as was the remedy of removing a parking gate.
What happened in the case?
In a condominium of four cottages in two buildings, one owner sued the owners of the other apartments. Among other things, she asked for an order to remove an electric parking gate that neighbours had installed in the yard of their apartment, and for the neighbours to be ordered to reimburse her for their share of replacing a shared water pipe that ran through her yard. We represented the neighbours.
The Superintendent visited the site and watched the gate open and close. She held that the gate had been installed in accordance with a building permit, within the neighbours' yard, and did not encroach on the claimant's yard. The remedy of removal was dismissed.
As for the pipe, the Superintendent held that the claimant had replaced it on her own initiative, after she herself had carried out works with an excavator that damaged the pipe, which, although old, had been functioning properly. The repair was carried out before any decision was taken at a general meeting, without applying to the Superintendent, and without urgency and necessity being proved. She was therefore not entitled to reimbursement. The claim was dismissed, and the claimant was ordered to pay costs of NIS 7,000.
Who is responsible for repairing the common property?
The condominium's management committee. It is responsible for the proper upkeep and management of the common property, in accordance with the decisions of the general meeting, and the cost is shared among the apartment owners according to their shares.
When may you carry out a repair yourself and be reimbursed?
The rule is that an apartment owner is entitled to require the management committee to carry out a repair whose omission may harm his apartment (section 3(a) of the Standard Bylaws in the Schedule to the Land Law), and not to carry it out himself. Reimbursement is granted only in narrow exceptions established by case law, where the repair is necessary and urgent and the management committee has failed to act. Anyone wishing to rely on the exception must prove it, and in our case it was not proved. Nor did the fact that the pipe was old and would in any event have needed replacing soon change the outcome, because the replacement was carried out before any decision and after works that the claimant herself had carried out.
What is the right way to proceed?
- Write to the management committee, describe the defect and ask for it to be repaired.
- Ask for a general meeting to be convened and for a decision to be taken on the repair and on how the cost is to be shared.
- If the management committee does not act, apply to the Superintendent of Land Registration.
- In a genuinely urgent case, document the urgency, warn the neighbours in writing and keep all the invoices.
What about a gate or structure a neighbour has installed in his own yard?
Where the gate is in a yard attached to the neighbour's apartment and was built in accordance with a permit, it is difficult to prove that your rights have been infringed. In our case the Superintendent examined the location, the height and how the gate actually opens, and found no encroachment.
When should you consult a lawyer?
Is there a dispute in your condominium over a repair or a neighbour's works? Send us the bylaws and the details, and we will recommend the right step.
To arrange a call: 052-5927592, or on WhatsApp using the button on the website.
About the author
Amos Ilan is an advocate (Israel Bar no. 35320) and a notary (licence no. 214444). The office is at 17 Tzahal Street, Ness Ziona, and handles real estate transactions, construction defects, condominium disputes and civil litigation.
Disclaimer. This article describes a concluded case and is provided for general information only. It does not constitute legal advice and does not promise a similar outcome. Every case depends on its own facts and documents, so it is advisable to consult a lawyer before taking any step.
Questions and answers
The management committee does nothing. What can be done?
What is the difference between an attachment and common property?
An attachment is a part of the common property that has been assigned to a particular apartment. Even within an attachment, piping that serves everyone may remain common property.
A neighbour has sued me over a repair he carried out himself. What should I do?
Check whether there was a decision, whether there was urgency, and whether he approached the management committee. Without these, the claim is weak.
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