Example of a defense letter to the condominium supervisor – what should you write?

An example of a defense letter to the condominium supervisor may greatly help you defend yourself against A claim that is being investigated by the condominium inspectorHowever, it is important to understand that this example is relevant to a very specific case and your case may be completely different, so it is always worth consulting with Neighborhood Dispute Lawyer Experienced who can advise you.

When writing Defense For a claim that is being investigated by The condominium supervisor We need to understand exactly what the plaintiff wants and how he is formulating the claim, because the condominium inspector does not function as a judge or a regular court, and has more limited powers. That is, we need to examine whether the inspector has substantive authority to argue the plaintiff's claims in the first place.

If the inspector does not have the authority to discuss the plaintiff's claims as detailed in the Claim, can be submitted Request for outright dismissal In order not to hear the claim on its merits. For example: The inspector has no authority at all to hear tort claims.

In the sample defense letter to the condominium inspector that you will read below, you will see how to formulate claims regarding outright eviction and when it is important to state them.

In any case, it is important to attach to your defense the essential documents that support your claims, but it is not mandatory to attach all of your evidence to the defense (the stage of submitting the evidence is a later stage).

Example of a defense letter to the condominium supervisor

Regarding:

The plaintiff:
(Counter-Defendant)  שם התובע, ת"ז: _______
________ Street, city name 
ע"י עוה"ד אדי בליטשטיין (מ.ר. 60023)
13 HaHagana St., Rishon LeZion (Yaron Miller Tower, Office 501) 
Tel: 03-6427876; Fax: 077-4704697

N G D

Defendant
(Counterclaimant)  שם ושם משפחה, ת"ז: __________

Counter-defense

Preliminary claims – outright dismissal

1. Article 72 ofחוק המקרקעין, תשכ"ט – 1969 Determines in which cases the Honorable Inspector may decide a dispute between the parties. The counterclaimants' claims do not fall within the scope of this section, and therefore the claim must be dismissed. To be dismissed out of hand, as the Honorable Inspector does not have subject matter jurisdiction to hear this claim..
2. Furthermore, the grounds of the claim have become time-barred. The building in which the parties reside was constructed in ______. The counter-defendant has resided in the building for approximately ____ years. and purchased his apartment with the balcony that is the subject of the counterclaim (The balcony was not built by the other defendant).
3. The air conditioners have also been in existence for over seven years. Until the date of filing the lawsuit By the opposing defendant The counterclaimants complained neither about the balcony nor about the air conditioners.
4. Even if the statute of limitations had not applied, there would have been a significant delay in the counterclaimants' claims, which is enough to dismiss the claim.
5. לחלופין, המפקח הנכבד מתבקש בזאת להפעיל את סמכותו מכוח תקנות 41-42 לתקנות סדר הדין האזרחי, תשע"ט – 2018 ולהורות על סילוק כתב התביעה שכנגד משום שאין הוא מראה עילת תביעה; הוא טרדני וקנטרני; משום שכתב התביעה שכנגד הוגש אך ורק על מנת להפעיל לחץ על הנתבע שכנגד במטרה שיוותר על תביעתו הצודקת כנגד התובעים שכנגד.
6. In fact, the counterclaimants are doing Abuse of legal proceedings In order to make it difficult for the opposing defendant, to cause him high costs in managing his defense, and thus to cause him damages for which it is highly doubtful whether he will receive full or partial compensation at the conclusion of this proceeding.
7. A review of the counterclaim will reveal that it does not specify the dates of the alleged events, does not detail legal provisions that were allegedly violated by the counterdefendant, is not clear how the unclear appendices support the counterclaimants' claims, and in any case, the counterclaimants' claims are not within the subject matter jurisdiction of the Honorable Inspector.
8. The counterclaim, in its current and vague wording, does not allow the counterdefendant to adequately defend against the counterclaimants' claims.
9. In light of all of the above, there is no choice but to dismiss the lawsuit outright.

Summary of the defense arguments

1. The counterclaim was filed solely to put pressure on the counterclaimant with the express purpose of making him drop his claim. The counterclaim was formulated in an extremely vague manner, without reference to dates relevant to the claim (such as when, according to the counterclaimants, the balcony was installed, when, according to the counterclaimants, the air conditioners were installed and when, according to them, they began to cause water damage, when damage was allegedly caused to the counterclaimants' railing, etc.). Any attempt to correct these shortcomings will be at this stage Front extension To which the other defendant objects.
2. The counterclaimants' claims and/or the appendices attached to the counterclaim do not establish any cause of action against the counterdefendant, even ignoring the claims regarding outright dismissal, including statute of limitations or significant delay.
3. If there were a basis for the plaintiffs' counterclaims, they would certainly have acted many years ago, either by applying to the courts and/or by contacting the Rishon LeZion Municipality with the aim of taking action against that balcony that was allegedly built without a building permit. The very fact that the counterclaimants did not act against the counterdefendant until the counterclaim was filed speaks for itself.
4. There is no basis for the counterclaimants' claims that the counterdefendant allegedly admitted their damages, and it is not for nothing that no reference was attached indicating this.

Arguments regarding the requested relief

1. The counterclaimants are not entitled to any relief, both because the Honorable Inspector has no authority to hear the counterclaimants' claims, and because there is no basis for To their occupied claims For them, the statute of limitations has expired or, at the very least, there has been a significant delay that is sufficient to dismiss the claims.
2. Even on the merits of the matter, after reviewing the counterclaimants' claims and appendices, the requested relief cannot be granted.

Reference to the sections of the counterclaim

1. The counter-defendant denies everything he has not expressly admitted, with respect to each and every one of the sections of the counter-claim in this case, including the facts and allegations raised therein. Wherever in this counter-defendant's statement of defense the statement of claim is denied and then a detailed statement of the counter-defendant's claims appears, the detailed statement of the claims does not detract from the generality of the denial.
2. Any claim and/or fact alleged in this counter-defense is alleged cumulatively, in addition to or in lieu of any other claim and/or fact included therein, all according to the context and relevance of the matters, whether expressly stated or not.
3. The counter-defendant does not assume the burden of proof or the burden of evidence, where this burden or burden is not imposed on him by law, and raising a claim and/or mentioning a fact in this statement of defense does not transfer the burden of proof and/or persuasion from the counter-claimants in any matter in which this burden would have been imposed on them, had the claim not been raised or the fact mentioned.
4. Without detracting from the counter-defendant's threshold arguments, and for reasons of caution, reference is made below to the sections of the counter-claim.
5. The statements in sections 1-2 of the statement of claim are not denied – the counterclaimants reside on floor ____ and the counterdefendant resides on floor ______.
6. The statements in sections 3-4 of the statement of claim are denied – with all due respect, the Honorable Inspector does not have the authority to discuss the grounds of the claim, and there are additional reasons for dismissing the counterclaim out of hand. The counterclaim should also be dismissed on the merits.
7. What is stated in Section 5 is not denied.
8. האמור בסעיפים 6 – 9 מוכחש – הנתבע שכנגד לא בנה "מרפסת לא חוקית (ללא היתר בניה)" ולא הודה בנזקים שנגרמו לכאורה לתובעים שכנגד. כאמור לעיל, לפני כ-____ שנים הנתבע שכנגד רכש את דירתו עם המרפסת.
9. The statement in Section 10 is denied – the plaintiffs admit that no one was in the apartment at the time of the alleged fall, so no one can testify what caused the denied damage or when the denied damage was caused.
10. The very fact that the counterclaimants do not specify at all the exact date of the (denied) event that allegedly caused the (denied) damage makes their claims difficult, and this indicates that this is an idle claim. All that the counterclaimants claim in this matter is that if the damage had been in human life, it would have kept them awake at night. "במהלך השנים האחרונות".
11. From this we learn that the incident allegedly occurred several years ago. However, up to this date the counterclaimants have not contacted the counterdefendant or complained to him about this matter.At most, All their claims The counterclaimants' claims at this stage are frivolous claims that cannot be attributed any importance:

"הכלל החל לעניינה של עדות כבושה הינו כי ערכה ומשקלה הראייתי של זו מועטים בשל החשד המתעורר באופן טבעי באשר לאמיתותה."

ראו: ע"פ 1645/08 So-and-so v. State of Israel (Published in Nevo, 3.9.2009).

• Alternatively, in our case, there is a statute of limitations, or, at the very least, a significant delay that justifies the rejection of the claims.
• אילו היה אמת בטענות התובעים שכנגד הם לא היו מחכים שנים רבות על מנת לתבוע את הנתבע שכנגד בגין הנזקים (המוכחשים). עיון בתמונות עצמן שצורפו כנספחים לכתב התביעה שכנגד יגלה שכלל לא ברור מהו הנזק לו טוענים התובעים שכנגד ו/או כיצד נזק זה יכול היה להיגרם מנפילת "גזע עץ".
• Without detracting from the above, the price quote does not specify a price of _______ NIS as claimed by the counterclaimants. Furthermore, the price quote was given on ______ – at least several years after the event that occurred according to the counterclaimants. It appears that the counterclaimants have caused damage to themselves and are now asking the counterdefendant to finance their repair.
• The statement in Section 11 of the counterclaim is denied. This section is an excellent example of how vexatious and vexatious the counterclaim is. The common building in which the parties reside has existed since _____. The balcony about which the counterclaimants complain was built by the original owner of the apartment (and not the counterdefendant!), In cooperation with the defendants, very close to the construction of the building!
• The other defendant purchased the apartment. About _____ years ago and made no changes to the balcony, and in any case he did not build it. Under these circumstances The statute of limitations has expired. על טענות התובעים שכנגד, מכוח סעיף 5 לחוק ההתיישנות, תשי"ח – 1958.
• The counter-plaintiffs never approached the counter-defendant regarding the balcony, as the counter-defendant's balcony serves them and provides them with shade, and prevents them from peeking into their apartment, thus preserving their privacy.
• In fact, raising complaints on this issue, at this stage (especially after the expiration of the statute of limitations), indicates that the cross-defendant is correct in his claim that the entire goal of the cross-plaintiffs is to exert pressure on him in order to make him give up his just claim against them, especially in light of the cross-plaintiffs' claim at the end of the section that they are allegedly afraid that the balcony will collapse into their house.
• If this were the case, the counterclaimants would certainly have applied many years ago to the court and/or the municipality in an appropriate procedure so that it would take sanctions against the counterclaimant, and not wait. The statute of limitations has expired.
• The counterclaimants state that the balcony was made of materials that are not compatible with the cladding of the exterior walls, and the wear and tear is therefore visible. First, one cannot but dispute the counterclaimants' claims. Second, the counterclaimants did not attach any document and/or did not refer to any legal provision that obliges the counterdefendant to act in accordance with their wishes. All that was submitted in this context is Appendix B. Of course, this claim is also subject to the statute of limitations.
• In this regard, it should be emphasized that it is unclear what Appendix B to the counterclaim is. It is an unknown drawing with handwritten inscriptions. כלל לא ברור מנספח זה שהוא "היתר של דירתו" של הנתבע שכנגד ו/או רלוונטי "למרפסת לא חוקית של הנתבע" ו/או למסתור המזגנים של הנתבע שכנגד.
• At the end of Section 11 of the counterclaim, the counterclaimants refer to Appendix C, which indicates peeling paint. If the counterclaimants had approached the counterclaimant on this matter, as a matter of law (since it is not at all clear or proven that these peeling paint were caused by his fault), he would have brought in a professional on his behalf to examine whether these peelings were caused by his fault, and if so, he would have taken care to repair them.
• At most, it is a cost of several hundred shekels, so it is not clear how the plaintiffs arrived at a sum exceeding _____ NIS, and in any case, the counter-defendant is not obligated to pay the counter-claimants in accordance with the price quote they received, or at all.
• At this stage, in light of the outrageous conduct of the counter-plaintiffs, there is no reason for the counter-defendant to act in this way, especially in light of the fact that the counter-plaintiffs have not proven that the embezzlement was caused by the (denied) omissions of the counter-defendant.
• מוכחש האמור בסעיף 12 לכתב התביעה שכנגד – התובעים שכנגד לא הציגו ולו ראיה אחת לפיה מנועי המזגנים "מוציאים כמות מים לא מבוטלת אשר גורמת לרטיבות באופן קבוע במרפסות התובעים". נספחי התובעים שכנגד כלל אינם תומכים בטענותיהם בעניין זה.
• עוד טוענים התובעים כי המזגנים נמצאים במקום שאינו מיועד לכך והדבר נוגד את "היתר הבניה שניתן לבניין הנ"ל". דא עקא, היתר זה לא צורף לכתב התביעה, ודי בכך כדי לדחות את הטענה. זאת ועוד, גם דיירים נוספים בבניין של הצדדים (ובבניינים סמוכים) התקינו את מזגניהם במיקום ובצורה דומה כפי שפעל הנתבע שכנגד.
• The statute of limitations has also applied to the counterclaims' claims regarding the air conditioners.
• Denied as stated in sections 13-14 of the counterclaim – the counterclaimants have not attached any evidence indicating that they have previously repaired any damages and/or damages caused in any way by the counterdefendant (denied). The counterclaimants have also not attached any evidence indicating that the counterdefendant admitted to all damages (denied), and this speaks for itself.
• מוכחש באופן חלקי האמור בסעיף 15 לכתב התביעה שכנגד – התובעים שכנגד אכן בנו מצללה (פרגולה) אך הדבר נעשה בניגוד לתקנה 12(ב) לתקנות תקנות התכנון והבנייה (עבודות ומבנים הפטורים מהיתר), תשע"ד-2014, שכן, תקנה זו מאפשרת בניית מצללה ללא היתר Only on the ground or roof, והתובעים שכנגד מודים שהם גרים בקומה השניה (ראו סעיף 1 לכתב ההגנה של התובעים שכנגד לתביעת הנתבע שכנגד). בעניין זה ראו גם סעיף 7 לפסק הדין בעניין בב"נ 7679-01-20 Carpenter v. Tel Aviv Local Planning and Building Committee (Published in Nevo, January 30, 2020).
• The remaining claims of the counterclaimants in this section are made without any basis.
• לאור האמור לעיל, מבוקש בזאת להורות על סילוקה של התביעה על הסף ו/או לגופה, ולחייב את התובעים שכנגד בהוצאות משפט ושכר טרחת עורך דין בתוספת מע"מ כדין.

________________
עו"ד אדי בליטשטיין
ב"כ הנתבע שכנגד

In conclusion

An example of a defense letter to the condominium supervisor can help you learn and understand how to properly defend yourself against a claim filed with the supervisor.

However, it is very important to understand that without the assistance of an experienced lawyer, a sample defense letter to the condominium supervisor may not be enough, and may ultimately do more harm than good.