The dream project that turned into a nightmare: 9 years later, a verdict was given in the Golden Village case - voila! Real estate

9 years later: the court reached a decision in the Golden Village case (Photo: ShutterStock)

The never-ending story is finally over:

the Golden Village project was supposed to be a sort of pastoral retirement village, providing sheltered housing services in the Kfar Varadim area.

The pensioners registered, paid, and dreamed, but in practice, they have been living in a noisy and dirty construction site for several years.

Recently, 9 years later, the verdict was passed that will end the procrastination in a never-ending affair: the developer of the Golden Village project was ordered within a year to complete the construction of the buildings and facilities for the benefit of the tenants.

In fact, in this ruling, the court accepted the tenants' claims against the developer - "Horidim Estate" and against the Israel Lands Authority, and determined that the developer must provide them within 12 months with the sheltered housing services defined in the Sheltered Housing Law, as well as the buildings he committed to as part of the purchase agreement. Including: medical services, clinic/medical center, nurse, ambulance, 24/7 perimeter security.

Furthermore, the court ruled that the developer must also provide during this time period the recreational facilities promised to the tenants, such as: swimming pool, spa and gym, auditorium/meeting hall, cinema, library, mini market and allocate for this purpose an area of ​​1,600 square meters as promised to them in the purchase agreements.

The old affair is over - what happened there?

The retirement village affair began in 2014, when the developer - Horadim Estate, began marketing the project as a prestigious retirement village in the north of the country with all the services for assisted living.

Despite their commitment to the tenants, and even though the land was allocated by Rami in favor of "sheltered housing for the elderly", the developer did not comply with the summaries towards the tenants.

In fact, from then until today, the developer did not provide the services promised to the tenants, did not establish or build the buildings and services to which he committed, and for a long period of time there have been residents, elderly people, living there in an active and noisy construction site, due to the massive construction of apartments, some of which he sold to young couples , apartments that were built at the expense of the buildings and facilities that were promised to the sheltered housing services.

Illustration: The court ruled that the developer must provide the vacation facilities promised to the tenants (Photo: Walla! system, Ziv Reinstein)

The tenants submitted a lawsuit to the district court through attorney Oshi Elmaleh, a partner in the Hillel Gero Elmaleh law firm, with the aim of enforcing the agreements signed between the tenants and the developer and between the developer and Rami.

Recently, as mentioned, a ruling was made on the matter when Judge Tamar Sharon Nathanel unequivocally accepted most of the complaints of the tenants and ordered the "Rose Estate" to complete the construction of the buildings and facilities and to provide the mandatory services in the sheltered housing law, including maintenance services, cleaning, control of the entrance and exit of the complex, a human response to calls for help from tenants throughout the day, Provision of health services by a nurse, management of medical information, first aid services, ambulance, perimeter security, distress buttons, as well as cultural, enrichment and sports activities, which will be determined in consultation with the residents' committee and social work services by a social worker.

Also, the judge placed full responsibility for construction delays on the developer, who tried to argue in his defense that the delays were due to the tenants' opposition to the tenants' construction plans.

A precedent ruling states - the responsibility for Rami

In addition and in a precedent manner, the judge determined that the Israel Land Authority, which marketed the land for the purpose of allocation: "protected housing for the elderly", but did not enforce on the developer the purpose of the allocation and the age of the tenants, thereby violated its obligation to the tenants to maintain the complex as a "protected housing seal" .

Thus, as a precedent, the court determined that the contract between the Israel Land Authority and the developer is a "contract for the benefit of a third party" which is the elderly population, and by the fact that the Israel Land Authority did not ensure that the purchase contracts and lease agreements are signed only with buyers who meet the age criteria, it violated in fundamental and essential violation of its obligations towards the elderly public, and the tenants in the complex in particular.

The court's determination in this case may make it responsible for similar cases that occur in the lands that Rami markets and in which it does not enforce the purpose of the allocation.

Attorney Oshi Elmaleh: "The court has proven once again that it is the last fortress of the individual citizen and the weakened populations" (Photo: ShutterStock)

Attorney Oshi Elmaleh, representing the tenants in the complex,

stated: "The verdict given by the Honorable Judge, Tamar Sharon Nathanel, speaks for itself.

The court issued a long and reasoned judgment, in which the many failures of both the developer and Rami were detailed over the years. Judge Nathanel clearly stated that the developer and the Israel Land Authority violated their obligations towards the tenants in the complex in a fundamental and substantial breach and accordingly issued clear orders to continue ".

"The court has proven once again that it is the last fortress of the individual citizen and the weakened populations. The court in its ruling raised the cry of the elderly tenants, and stood as a wall for them in front of the developer, Rami and the planning authorities.

This is a brave and precedent-setting ruling in the context of the Israel Land Authority and the responsibility imposed on it as the public trustee of the state's lands."

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