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The house committee threw the air conditioner in the garbage - and a serious conflict broke out in the building - voila! Judaism

2023-01-02T13:28:48.476Z


Yodi's air conditioner motor that was placed along with other objects in the common area was thrown into the trash. Who should take responsibility? Walla! Judaism in collaboration with the Chabad Halacha Institute in a fascinating section


Air conditioner motor (Photo: ShutterStock)

Walla!

Judaism in collaboration with the teaching house by the Chabad Halacha Institute in a fascinating weekly section - and this week: should the house committee take responsibility and pay for throwing away Yodi's air conditioner motor that was placed along with other objects in the common area?



Background

:



The housing committee in the building on Rabbi Akiva Street in Bnei Brak published an ad containing a decision regarding the prohibition of placing belongings of the building's residents in the common areas, ie: in the stairwell, at the entrance to the building and near the mail boxes.

A warning was also issued, that on Thursday two weeks from the day the ad was posted, the house committee will remove all objects placed in the common area and throw them in the trash.



The reason for posting the ad was the multitude of different and odd objects that were found under the above-mentioned building, without owners. Every passer-by on the busy and busy street in Bnei Brak would allow himself to place there whatever he wanted as much as he wanted, as if it were his private storage. This is to end the story, and after trying several times to find out among the residents of the building who the objects were - they decided to take action.



The ad was hung up to the house in the elevator, at the entrance to the building, on each and every floor in a prominent way. The bottom line: the ad was published for a sufficient time and in a prominent place, So that all the residents of the building were aware of the content of the decision.



Two weeks passed and when Thursday arrived - the eviction date - the house committee contacted the cleaner with an order to remove the above items and throw them in the trash.

Some of the tenants who saw the evacuation, turned to the committee with a request not to evacuate the objects now, since they are important and dear to them and they still did not have time to move them to another place, and the committee granted them.

The rest of the objects that were there were evacuated and thrown into the trash.



Friday morning.

Yossi, a tenant on the second floor of the building, noticed that the air conditioner motor he had placed under the building, near the mailboxes, disappeared as if the ground had swallowed it.

This is in contrast to other objects which were still placed there without moving.



After a brief inquiry, he realized that the building's cleaner was behind the removal of the engine to the garbage, which was collected last night by the municipal garbage truck, so that the engine was lost.



When he went to the cleaner to complain - the aforementioned person pointed out to him the notice of the house committee, while telling him that the committee had told him to evacuate, but He did not have time to clear everything, until he was told again by the committee, that they acceded to the tenants' request and decided not to clear the objects that had not yet been removed from there.



In great anger, Yossi appealed to the house committee with a complaint about why they threw away his valuables (air conditioner), while other objects were not thrown away, saying : 'Either you throw everything away and we all suffer, or you don't. But throwing away some of the things and then leaving some - it goes against what you wrote, and it's discrimination, and even if you didn't mean to - it's your responsibility to pay me for the lost engine.'



Not even this one, that Yossi began to delay the payment of his debts to the house committee, as long as he does not receive the payment for the shield engine that was 'thrown to him'.



And the question arises

:



can Yossi do that?

After all, it was specifically said that they would throw the objects away, and the fact that they finally gave up a part of the throw was in front of the line of judgment!

In another style: What is the extent of the House Committee's responsibility for such damage?



Brief answer

:



The House Committee is not responsible for the damage caused to Yossi by the cleaner who threw him the air conditioner motor, and therefore Yossi cannot delay his payments to the House Committee because of this.



Answer in detail

:



First, the cleaner should not be blamed for anything.

The cleaner is, in general, a worker who acted on behalf of the House Committee, who have the authority to take care of the building and its entrances, and in their authority to prohibit the placing of objects in the common area of ​​the building's residents. And in advance:



Even the individual can protest the other residents of the building if they put objects blocking the passage area of ​​the building in a way that hinders the passage.

This is because placing objects in a transition area, such as in the stairwell, etc. - there is no human way to place them there and it is a clear custom, and in this there is no need for a majority decision, but even one tenant can prevent the other partners from deviating from the accepted custom.



However, in shared areas that are not transition areas , such as on the warehouse floor and/or in a situation where the public area is large so that the placement of objects does not cause a real disturbance to the passage - there is no prevailing custom to forbid or allow this, and in this case a decision of the majority of tenants is needed. And in this opinion the House Committee was elected whose main role is in the management of the building and decisions on current affairs, And the tenants accepted the decisions of the committee and their decision is considered as the decision of all the tenants, as long as they do not deviate in their decisions from the powers given to them.



In addition to this, since the committee published an ad on this matter and the residents or most of them did not object to their decision, then this mandates consent to the decision, and it is the decision of the public (all or most of it, ACP), which obligates all the residents.



Also, it is within the authority of the housing committee to dispose of objects in the garbage, Subject to the notice he gave to all the tenants in such a way that they would have enough time to clear their belongings or oppose the decision.



And here, the ad had been hanging for some time, and not only that, before the ad was hung, the housing committee tried with all its might to find out about the owners of the belongings that were left in the building as a real vagrant, and did not exceed Thus - duly warned and therefore they are allowed to throw the objects in the garbage.



In any case, the fact that in the end it was decided at the last minute, while clearing the belongings, to give up part of the clearing - this is not discrimination against one person or another (in the case of real discrimination - it is necessary to discuss the extent of charging the housing committee for the damage caused by them to A from the residents of the building, etc.) l), because surely if they had known that the objects belonged to one of the residents of the building - they would not have thrown them away, and all they did was to clear the common area and the passage for the benefit of the residents of the building. Therefore, Yossi has no claim against the house committee and he does not have to withhold the money What

they deserve by law.



Sources: Shu'at Chom 61 95, and in Shi'at 71, and in the Rama'a there, Shu'at Hav'i Shala 65', Shu'at Mahari'at 8 There is no

halachic



ruling in this section and one should contact the rabbi or the teaching house in each case on a case-by-case basis. Written by Rabbi Yitzhak Eitan Mizrahi, Chabad Halachic Institute. For comments: publish@smslarav.co.il

David Berger, submitted on behalf of Shuba Israel

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