The district court in Haifa recently required an entrepreneur to complete the "Golden Village" project he established in Kfar Varadim for the age of 55 and over whose services and facilities he had committed to.
The developer marketed the project as sheltered housing, and tenants were promised excellent conditions that included medical services including a nurse, an ambulance, as well as 24/7 perimeter security as well as a swimming pool, spa and gym, auditorium/meeting hall, movie theater, library and mini market.
However, in practice the developer, Horidim Estate, sold some of the apartments to young couples, ignoring his promises to establish services for the elderly.
About a decade ago, the project was marketed and it was determined that about 200 housing units for people aged 55 and over would be built there.
Alternatively, young buyers who buy apartments, will be obliged to rent them to those 55 and older.
However, in practice, 56 apartments were sold to people aged 55 and over.
Of the 46 additional units built, 20 were sold to young couples.
Some of the old buyers also rented the apartments to young couples, who became the majority in the complex.
Adv. Ushi Elmaleh,
The project was allocated 39 dunams of land by the Israel Land Authority under the pretext of sheltered housing for the elderly.
Over the past period, tenants have moved in as they live in an active construction site, and in a place where apartments are being built and sold to young couples.
Some of the tenants banded together and went to court, with the help of attorney Oshi Elmaleh, from the Hillel Gero Elmaleh office. The court accepted the old residents' claims and ordered the developer to complete the construction of the facilities he had committed to.
Judge Tamar Sharon Nathanel stated that "the Israel Land Authority, which marketed the land for the purpose of allocating sheltered housing for the elderly, did not enforce on the developer the purpose of the allocation and the age of the tenants and thus violated its commitment to the tenants to maintain the complex as a 'sheltered housing complex'. In that the Israel Land Authority did not ensure Because purchase contracts and lease agreements are signed only with buyers who meet the age criteria, it violated its obligations towards the elderly community, and the tenants in the complex."
Attorney Oshi Elmaleh, representative of the tenants in the complex, stated: "The verdict speaks for itself.
The court issued a long and reasoned judgment, in which the many failures of both the developer and Rami, over the years, were detailed.
The judge clearly determined that the developer and the Israel Lands Authority violated their obligations towards the tenants in the complex in a fundamental and substantial breach and accordingly issued clear orders to continue."
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