This is an example of a claim to the condominium supervisor that you can use to draft your own claim. However, it is highly recommended that you seek the services of a lawyer so that he can examine the case in accordance with the individual circumstances relevant to you and can assist you in preparing it. Claim More precisely.
The condominium supervisor Although it does not constitute a formal judicial body like Magistrate's Court (In the sense that the inspector may allow you to conduct the procedure in a less formal manner than is customary), but it is still important to know the relevant legal procedure so as not to fail in basic things. It is not always possible to win based on a sample letter of claim to the inspector of condominiums. Note that the inspector of condominiums No authority to discuss any dispute against neighbors It is important to know that the inspector does not have the authority to discussTort claims.
As part of a claim to the condominium supervisor, it is important to describe the dispute between you and your neighbor and attach the documents that support your claims (for example, photos that indicate the neighbor's takeover of parts of the condominium building, or Damage from leaks originating from the neighbor's house).
You do not have to submit all of your evidence with the statement of claim because all of the evidence can be submitted with Affidavit of first witness, assuming you discovered them within the framework General Document Disclosure Affidavit (This is a great example of why it is a good idea to seek the help of a lawyer, as these terms are likely unfamiliar to you.)
It is also important to call the relevant witnesses who can support your claims against the neighbor. The correct way to do this is by filing a List of witnesses.
Example of a letter of claim to the condominium supervisor
Regarding:
שם ושם משפחת התובע, ת"ז: _______
_______ Street, _______ City
Tel: ____________
N G D
שם ושם משפחת הנתבע, ת"ז: ________
_____________ Street, City _________
Tel: ___________
סעדים מבוקשים: פיצוי בסך _______ ש"ח, צו עשה המורה לנתבעת לתקן את הנזילה
Claim
- All emphasis in the statement of claim has been added, unless otherwise noted.
- Everything stated and detailed in the statement of claim is alleged in addition and/or cumulatively and/or alternatively, and all according to the context and/or the connection of the matters.
The factual infrastructure
- The plaintiff is the owner of a residential apartment located at _______________. The defendant is the owner of a residential apartment located in the same communal residential building, which is located directly above the plaintiff's apartment.
- As of the date of filing the lawsuit, a very elderly tenant lives in the defendant's apartment.
- Starting in the month of ___________, a serious leak began in the defendant's apartment. In addition to large water stains along the plaintiff's ceiling, large, black mold spots began to appear along the ceiling, and the leak even began to cause electrical shorts in the air conditioner near the ceiling. Furthermore, as a result of the leak and the mold, an unpleasant odor (to put it mildly) was created in the apartment.
- It should be emphasized that the plaintiff does not share the ceiling with any other neighbors besides the defendant, so it cannot be disputed that the leak comes exclusively from the defendant's house.
- Beyond the fact that the water stains on the ceiling damaged the aesthetic aspect of the apartment, mold and electrical shorts may harm the health of the residents living in the apartment, and even endanger their lives in a real way.
… A CD with a video clip showing the plaintiff's damages, including water stains and mold spots on the ceiling of her apartment, is attached to the statement of claim and marked Appendix A.
- החל מחודש ________- התובעת השכירה את דירתה לזוג שוכרים צעיר, עם ילד קטן, בסכום חודשי של ______ ש"ח.
… A copy of the rental agreement between the plaintiff and the tenants is attached to the statement of claim and marked Appendix B.
- Upon the occurrence of the damages in the plaintiff's apartment (in the month of _________), the plaintiff contacted the tenant who lives in the defendant's house and asked her to obtain the details of the apartment owner, so that the plaintiff could speak with her about the matter.
- At the same time, the plaintiff asked the tenant to allow her to bring a professional into her apartment to try to locate the leak and fix it, all at the plaintiff's expense.
- The tenant refused this request and referred the plaintiff to the owner of the apartment. The plaintiff tried to contact the defendant for a long time, both by phone and via WhatsApp (voice messages). The defendant did not cooperate with the plaintiff and after a short time filtered her out and ignored her completely.
... Voice messages (seconds long) that the plaintiff sent to the defendant via WhatsApp are attached on a CD and marked Appendix C.
- It should be emphasized that the plaintiff's attempts to make repairs to her apartment were unsuccessful, as the leak continued to flow from the defendant's house, creating new damage each time.
- In the month of _______________, the tenants who lived in the plaintiff's house announced that they could not or were not willing to accept the current situation, and informed her that they were leaving the apartment. Naturally, the plaintiff did not insist on the existence of the agreement with the tenants, since, indeed, the damages that had occurred did not allow, and still do not allow, her to live in her apartment.
- The tenants who lived in the plaintiff's apartment kindly described for themselves what happened, including the damage caused to the apartment.
... A letter signed by the tenant is attached to the lawsuit and marked Appendix D.
- Until this date, the plaintiff's home is not rented and no other people live in it, which creates significant financial damages for the plaintiff, such as loss of rent that would have been paid by the tenants, in addition to the damages that accrue as a result of the defendant's negligence.
- On _______, the plaintiff's attorney contacted the defendant and attached to his letter the same video clip that was attached to this statement of claim.
… A copy of the plaintiff's attorney's letter dated _____________ is attached to the statement of claim and marked Appendix E.
- Shortly after receiving the letter, the plaintiff's attorney was contacted by the defendant's mother. The mother refused to take responsibility for the damage caused by the leak and stated that she even intended to file a lawsuit against the plaintiff.
- By the time the lawsuit was filed, no written response had been received to the plaintiff's attorney's letter, nor was the plaintiff given permission to enter the defendant's apartment with a professional on her behalf, in order to try to fix the problem.
- This outrageous and negligent conduct must be taken into account when ruling on reimbursement of expenses and repair of the damages caused to the plaintiff's home.
The requested relief
- In the circumstances of the case, the Honorable Inspector is hereby requested to order the defendant to pay the plaintiff a sum of ______ for repairing the moisture damage that has been caused to date.
- In addition, it is requested to order Order made The defendant is ordered to repair the leak in the defendant's house so that the water will not penetrate the plaintiff's apartment.
In conclusion
An example of a claim letter to the condominium supervisor can help you understand what to write in order to obtain the requested relief, but it is important to understand that based on an example of a claim letter to the condominium supervisor, you may not necessarily win your claim because your circumstances may be completely different and the example is not relevant to you at all. It is always a good idea to consult with a lawyer.
The condominium supervisor will usually handle the lawsuit more quickly and less formally than a court.
Despite this, it is important to know the relevant legal procedure so as not to lose a lawsuit due to procedural failures that can be prevented if you are well acquainted with the provisions of the Civil Procedure Regulations.
