Neighbor disputes in shared houses – how to deal with them and win?

Neighbor disputes in shared homes can manifest themselves in different ways and cause various damages. A small number of them can be dealt with on their own by directly communicating with the problematic neighbor, but with the vast majority of them, it will be necessary to take legal action in order to obtain a judicial decision.

Not every claim regarding neighbor disputes will be submitted for investigation to The condominium supervisorSome claims must be submitted to the secretariat. Magistrate's Court Because the condominium supervisor does not have the authority to discuss everything (for example, the supervisor does not have the authority to discuss tort claims).

At this stage, it is already clear that you should be represented by a lawyer who is knowledgeable in the quick and efficient resolution of neighbor disputes, so that he knows where to file the lawsuit and what legal arguments to make.

How does the Land Law help in dealing with neighbor disputes?

החוק הרלוונטי ביותר להתמודדות עם סכסוכי שכנים הוא חוק המקרקעין, תשכ"ט – 1969. פרק ו' לחוק זה עוסק בדירות ורכוש משותף. מומלץ מאוד לוועד הבית בבית משותף, וכן, לדיירים עצמם להכיר היטב הוראות פרק זה. הכרות עם פרק זה עשויה לפתור ו/או למנוע מראש סכסוכי שכנים בבית משותף.

We will briefly review the main sections of the Real Estate Law relevant to condominiums – neighbor disputes:

Section 58 – Enforces the payment of house taxes by all tenants. This section states that every apartment owner must pay the house taxes. It should be emphasized that the obligation to pay the house committee taxes exists even when the apartment owner has complaints against neighbors and/or the house committee. The apartment owner is not permitted to deduct any amount from the amount designated for payment to the house committee on his own initiative.  A neighborly dispute between a tenant and the house committee is not a reason to stop paying the condominium taxes.

Section 59 – Refers to a situation where a condominium consists of several buildings with separate entrances. This section determines who is obligated to pay for the maintenance of each of the buildings, in which cases there will be one condominium committee or separate house committees (for each of the buildings), and who to contact in cases of neighbor disputes in matters relevant to this section.
This section is used in situations where you have selected House committee One who handles the day-to-day affairs of each of the buildings, and at a certain point the residents of one of the buildings claim that for some reason they are disadvantaged, and therefore wish to establish an independent and separate committee that will handle the affairs of their building. In these situations, it is very important to be familiar with all the provisions of this section.

Section 59G – refers to the issue of the Sabbath elevator. This section is intended to prevent neighbor disputes on this issue and therefore establishes the obligation to pay for operating the elevator on Sabbath (it should be clarified that all tenants are required to pay for the electricity consumption resulting from the use of the elevator, but during Sabbath the elevator is operated at hours determined by the building's Sabbath-observing tenants without interruption, therefore additional electricity consumption occurs).

Article 61 – states that a condominium shall be governed by bylaws that regulate the relationships between the apartment owners and their rights and obligations in connection with the condominium. Familiarity with the provisions of the bylaws may reduce and/or completely prevent neighbor disputes.

Section 64 – states that in a situation where the building's tenants have not determined the provisions of the bylaws, the existing bylaws will apply. The provisions of the existing bylaws are very important and will therefore be detailed in full below at the end of this article.

Section 72 – Determines which neighbor disputes will be brought before the condominium supervisor and which neighbor disputes will be brought before the Magistrate's Court.

As explained above, it is very important to know the instructions Real Estate Law In order to prevent neighbor disputes in advance and/or resolve neighbor disputes easily and quickly Without resorting to legal proceedings.

However, sometimes neighbor disputes reach a point where a court must be involved. In these cases, it is highly recommended to seek the help of a lawyer who deals with the issue of condominiums - neighbor disputes, and is familiar with the provisions of the Land Law. and court rulings (Sometimes, court rulings qualify or expand the provisions of the law, and therefore, it is not possible to conduct a legal proceeding properly without being familiar with the relevant rulings.)

The provisions of the existing regulations may help resolve neighbor disputes.

The current bylaws can be an excellent tool for resolving neighbor disputes because they apply to any condominium that has not changed its provisions. Within the framework of the current bylaws, you will find binding provisions according to which a condominium must be managed.

In a significant number of cases, neighbor disputes arise because the residents of the condominium are unaware of the existence of the current regulations and their provisions.

This is the current regulation:

regulations Common of My husband The apartments At home shared

1

הגדRuth

. בתקNun this –

"בעל apartment" – לdorsal apartment leased For the period Above From twenty And five Years – Theוכר or lessee The Mishnah, according to The matter, except if Determined In the contract The lease Which is the matter? The regulations not Will see them As my husband apartment;

"רכAnd shared" – all partial The house The common outside from The parts The registered As apartments, and many others The ground, The roofs, The walls The external, The foundation, ventricular The stairs, Elevators, Shelters, also Installations heating or מים and so on Comingher The designated לשמש you all My husband The apartments or Most of them even they In the fields of apartment Certain .

2

שינAnd so on. and repairs In the apartment

(Repair tax' 9) 54th"ד-1983

. (א) בעל apartment Ino entitled do In his apartment Changes or Corrections The offenders In property The common or Poor or made of endanger you Its existence or Fromים or Made ofם change you Edit, but if Received First Consent The assembly General of My husband The apartments . interest this, "injury In property The common" – לMany injury In his appearance The exterior Standardization and the uniform as which was phobia final Construction .

(ב) בעל apartment Ino entitled do In his apartment Changes or Corrections The offenders In the apartment otherת או Poor או made of endanger you Its existence, or From changing or made of change you kit, but if Received First Consent husband The apartment The other .

(ג) כל Change or Repair other entitled husband apartment do In his apartment on knowledge himself .

3

הזכAnd Toבוע Corrections

. (א) בעל apartment entitled to demand From the mission that you will do all Repair Babyת או In property The common, Shai Its execution might hurt In his apartment or In the set .

(Repair tax' 5) Tshel"ז-1977

(ב) בעל apartment entitled to demand From the owner apartment otherwise to perform Repair In the apartment The other, Shai– Its execution might hurt In his apartment of Requires The correction.

4

עבוpit To check The property

. (א) בעל apartment Must allow to be carried out In the apartmentו הJobs הTheRachiot For his/her own use Standardization of The property The common, And for the purpose this are allowed My friends The mission And my son person The workers In her name to enter To youרnote and perform In it Jobs as aforesaid .

(ב) פגOw The works The aforementioned In the apartment, Must My husband all The apartments participate In expenses Return The situation Back to normal בשיskin Sit down they Participants In expenses Holding The property The common .

5

אסיhere General Normal

. (א) בעme The apartments Will hold one per year meeting כלLith opal Determination My ways Its management of The property The common and the use In, Determination Expenses The bindings thereby, Appointment mission, Approval The accounts And the arrangement The issues The others The resulting Fromכנות At home The common .

(ב) הנShows Determine you Date The assembly General And you will testify her; The assembly The first Will take place within three New From the date Registration The house In the notebook The houses The common ones; after this Will take place The assembly not Later From five ten month From the date The assembly Previous .

6

אסיhere General that is not from The number

. (א) נוthreshold על The meetings TheNights according to section 5 You are allowed The mission To appoint meeting General all Horror that thing Will look her, And she Must To the conference if Demanded this Their husbands of שליש from The apartments at least .

(ב) not The conference The mission meeting within four ten day From today submitted her demand as aforesaid In the section small (א), are allowed My husband The apartments who demanded this To appoint you The assembly .

7

כינAnd meeting

. (א) הוopinion on Date Its existence of meeting General And its place Will be delivered For my husband all repeatableות four Days at least before The deadline .

(ב) הוopinion presented instead of prominent on penny The house The common or Inside it, See her As if Delivered per husband apartment day one after Which is pronounced?גה .

8

המנyen בAssiפה

. (א) רוIm meeting General Legally if message on Its existence Delivered as aforesaid In the section 7 and participated In it Their husbands of BrainצYat The apartments at least, themselves or on My hands On the island– power .

(ב) ההand opinion on existence The assembly General Can to determine that if not will be present quorum legal At the time determined To open The assembly, תתקיsea The assembly At the time otherwise At the same time day, And as determined yes, Be The assembly We gathered At the time The other Legally In all number of Participants .

9

סדר today In the meeting

. (א) ההand opinion on Date meeting General Specify you order Yuma .

(ב) בעל apartment entitled add carrier order Yuma of The assembly, Provided that That was announced on so Will be delivered For the husbandי כל The apartments הOthers Two days at least before Date The assembly through Delivered message on Date Its existence of meeting General .

(ג) לא Discuss meeting General On the subject that is not Included okay Yuma, but if all My husband The apartments Agreed That's the matter. Will stand For discussion In it .

יו"ר and secretary certified

10. אסYepה General ThebesHarm Sitting head and secretary The assembly .

דחיYat The assembly

11. יושב– head The assembly General entitled, With the consent of The assembly, reject you continuation To date To be seen לו, And he Must to reject it if Demanded this majority Those present In the meeting .

החלToth

12. (א) החLettuce The assembly General Will be accepted In the majority Opinions .

(ב) החLettuce The Metילה on husband apartment Debts or Payments Of type or Lesson that is not Retired In the chapter ו' To the law The real estate, 572"ט– 1969, or In the regulations this, or The fifthנה you His rights, not will be her validity Regarding him husband apartment but if Agreed her .

הצבOt

13. (א) ההColor In the meeting General Be Lifting Hands, but according to Requirement quarter לפחות From my husband echoShots Those present Will take place voting At the ballot box .

(ב) בהColor entitled to Her husband of all apartment For opinion one .

(ג) היו Opinions Equivalence, יכFriend Sitting head The assembly .

באי– power

14. (א) כל husband apartment entitled participate In the meeting General and vote In it himself or on My hands Coming– power .

(ב) בא– power appointed To represent Ltd.ל דShot Bassihere General Will bring before The mission, adjacent To open The assembly, writing Appointment signed In my hands husband The apartment Shamina him .

(ג) בעל apartment which is corporation Will participate In the meeting And in her vote on My hands Coming– power appointed respectively to its regulations; documentary Signed In my hands The manager or The secretary of The corporation, and the approver who came– His strength Appointed Wowאם to its regulations, תsun evidence Cutter For this .

(ד) היה For the apartment more From the owner one, We will date The owner one From whom, or person other, Firefighter– Their strength In the meeting General; Coming– power appointed as aforesaid Will bring before The mission, adjacent To open The assembly, writing Appointment signed In my hands all My husband The apartment .

הנצYagot

15. (א) האSifa General The usual תבHarm At the representation daughter one or more, but not more From five Friends; At the representation of more Unite Will be elected one From its members As treasurer .

(ב) אסbeautiful General that is not from The number You are allowed replace you The mission, change you assembly, or To complete, if fell number Her friends tank Reason that she is; Determined number friendי הmission וtaxbull Her friends fell tank Reason to down From a number this, They will be appointed My friends The mission The remaining, within ten Days, meeting General that is not from The number opal Completion composition The mission .

(ג) תקBread Her tenure of The mission, including Her friends Selected according to section small (ב), she to To choose The mission The new In the meeting General mountainגילה Next .

(ד) החLettuce The mission Will be accepted In the majority Opinions; Were Opinions Regarding proposal Certain Equivalence, See you The offer As a reject .

חשבוNoth

16. (א) הגZebra will receive invoice per expenditure, Will deliver reception per income and managed notebook Revenue and expenses; The treasurer Will bring For approval The assembly The ruleית The usual you The notebook also Will bring With him you The accounts and receipts received, Copy Receipts who delivered And the documents Those concerned them .

(ב) הגZebra forestוך law And account financial one For six New; The law And account Will include also you Detail Investments of Revenue that have accumulated .

(ג) בעל apartment entitled In all time Reasonable To review In the notebook The entryת וExpenses, בAccounts, In receipts And in documents Those concerned them And by law And account The Caspian .

(ד) הגZebra Deposit you Revenue In account bank on שם The house The common .

(ה) שנת The finances of The house The common Start On the day 1 In January, and it will end On the day 31 In December of her year; Year The finances The first Start On the day His/her registration of הבית In the notebook TheTeam The common ones and it will end On the day 31 In December The first post day Registration .

Have you read the regulations and do you have questions regarding condominiums – neighbor disputes? Contact Neighborhood Dispute Lawyer .

Is it necessary to file a lawsuit regarding neighbor disputes according to the Land Law?

The answer is, of course, that there is no obligation to resolve neighbor disputes solely under the Land Law. Naturally, the Land Law does not necessarily cover all possible issues relevant to a neighbor dispute.

Neighborly disputes can arise following incidents of violence, Invasion of privacy, Sexual harassment, slander, Moisture damage from the neighbor, and many other different issues. In every case of neighbor disputes, you must find and adapt the relevant piece of legislation to the problem you have encountered.

In some cases, neighbor disputes can be resolved even by filing a small claim.

Frequently Asked Questions About Neighbor Disputes