Most apartments in Israel are in condominiums (bayit meshutaf). Many disputes between neighbours concern who owns what: the roof, the yard, the parking or the stairwell. The answer is usually in the condominium registration and bylaws.
What is common property?
All parts of the building other than the apartments themselves, such as the land, roof, stairwell, elevator, exterior walls and shared installations. Each owner holds a share of the common property, usually by the ratio of their apartment’s area, unless set otherwise.
What is an attachment?
Part of the common property may be attached to a specific apartment, such as a roof, yard, parking space or storage room. The attachment appears in the condominium registration and plan. Before buying, check the land registry extract and plan for exactly what is attached, and do not rely on “everyone knows the parking is ours”.
Bylaws and the house committee
Every condominium has bylaws, agreed or standard, governing management, decisions and sharing of expenses. The owners choose a representative body (house committee). Certain decisions, such as changes to common property or a new attachment, require a special majority or the consent of all owners.
Condominium disputes
Disputes between owners, such as unpaid expenses or use of common property, are usually heard by the Land Registry Inspector, who has judicial authority in these matters. Building on common property without consent and a permit may also be a building violation.
Condominiums and urban renewal
In TAMA 38 and Pinui Binui projects, rights in common property and attachments affect how consideration is divided. See what owners get in Pinui Binui.
Where do you go from here?
Every deal and every property is different, and a small detail in a contract or registration can be worth a lot of money. At Paz Israel & Co. Law Office we support buyers, sellers, landlords and property owners, from the first check to registration at the Land Registry. For more information see our real estate lawyer page, or contact us to schedule a meeting in Tel Aviv, Jerusalem or Modi’in.
This article provides general information, is correct as of the time of writing, and does not constitute legal or tax advice or a substitute for reviewing your specific circumstances.