Illustration (Photo: ShutterStock)
In this hot tub it will be especially hot: an Austrian citizen, who purchased a two-story penthouse apartment in Tel Aviv about 13 years ago, and later the building rights to the roof part of the condominium above her apartment, moved the neighbors' solar water heaters to another part of the roof and installed a deck floor, a Jacuzzi, sunbathing facilities and even a private exit, which will belong only to her, to her part of the roof.
Her neighbors, who refused to accept the fact that part of the building's public property was becoming private, illegally, filed a lawsuit with the Land Inspectorate, demanding that she vacate the roof for the benefit of all the tenants.
In response, the penthouse owner sued the tenants and the contractor in the Tel Aviv District Court, demanding that she be allowed exclusive use of the section of the roof above the penthouse, and that this section be registered in her name in the land registry.
Illustration (Photo: ShutterStock)
According to the tenants, who were represented by the office of Adv. Oded Strozman, beyond the fact that the contractor is not entitled, after all the apartments in the building have been sold, to remove parts of the common property to attach them to the penthouse, an examination of the appendix to the contract with the contractor indicates that this is about attaching future building rights and not attaching the roof to the penthouse. Therefore, it is forbidden to make unique use of the roof.
The court accepted the arguments of her neighbors - and ruled that she could not take over the shared roof;
In principle, the ruling allows all tenants in the building to make free use of the deck floor, hot tub and sunbathing facilities that the penthouse owner installed on the roof, but the neighbors are demanding their eviction before the Land Supervisor.
The District Court also ruled that the penthouse owner must pay 12 of the tenants who filed a statement of defense NIS 140,000 in expenses and attorney's fees.
- Real Estate
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