A construction developer and 26 residents of a building in Netanya sued their 100 percent disabled neighbor, who is confined to a wheelchair, in the Central District Court, demanding to register a part of his private garden as the common property of the building, for the purpose of placing the building's gas accumulator - within the area of his private garden.
This, after for safety reasons, the defendant removed the gas accumulator from his garden, through the gas company.
The disabled person purchased the garden apartment according to certain specifications and when he moved into the apartment he discovered to his astonishment the garden in his garden.
The accumulator was not marked with any inscription and it was not claimed to him when he purchased the apartment, that the gas accumulator, which is joint property, is located in his garden.
When the concern arose that the location of the accumulator was not safe, the defendant contacted the gas company which agreed with him, removed the gas accumulator and installed gas cylinders in its place in the building's overhead parking lot.
After the condominium was registered while attaching the entire garden to the defendant's apartment, and without mentioning the gas accumulator, the tenants of the building and the developer contacted the defendant, and asked him to agree that the gas accumulator would return to his garden, the gas cylinders installed by the gas company had passed, and accordingly the order for the registration of the condominium would be amended, so that the part of his private garden , where Yutman accumulates the gas, will become the common property of all the building's tenants.
Handicapped illustration with a wheelchair/system and voila!
NEWS, shutterstock
Since the defendant refused, the developer and the 26 tenants of the building sued him and asked to 'correct' the condominium registration order, claiming that the applicant was wrong when he did not include the area where the gas accumulator was originally placed, as part of the joint property.
The defendant's attorney, Adv. On Il Janco - who specializes in lawsuits in the field of real estate, argued in court that when requesting to change details recorded in the tabu, one of the conditions is to prove that the original request to register the condominium was made in good faith.
He claimed, that in this case, it is not about good faith, but an attempt to legalize the creep of establishing a pool without appropriate planning for it and/or obtaining a lawful permit for it.
Namely, that placing the pile in the defendant's private garden at the time of the registration of the condominium was illegal since it was done without a proper permit from the local planning and building committee.
The district court ruled that the accumulator will be regularly replaced with gas cylinders for the entire building, and these will be stored in the tenants' parking area, which is part of the common property, and not in the defendant's garden.
As a result, the defendant gained additional space for his private garden.
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