תוכן עניינים
By: Adv. Moshe Taieb
Residents’ Rights in Shared Property Construction Defect Claims
This innovative ruling establishes important principles for apartment residents regarding their legal standing when construction defects affect the shared property (רכוש משותף) of their building — areas such as lobbies, parking structures, stairwells, and the building envelope.
Lev-Taieb Law Office has extensive experience representing apartment owners in shared property defect claims.
What is Shared Property?
Under Israeli law, shared property includes all parts of a building used by multiple residents: foundations, external walls, roof, lobby, elevators, stairwells, parking areas, and technical infrastructure. Every apartment owner holds an undivided share in the shared property, proportional to their apartment’s size.
Who Can File a Claim?
The ruling clarifies that both individual apartment owners AND the homeowners’ association (ועד בית) may bring defect claims for shared property. Individual owners may claim for damages specifically affecting their apartment. The association may claim on behalf of all residents collectively.
Key Procedural Points
Courts require that shared property claims be coordinated to avoid duplicative lawsuits. If the homeowners’ association has already filed suit, individual owners may need to join that proceeding rather than file independently. An attorney can advise on the optimal strategy for your specific situation.
FAQ
What if my neighbors don’t want to join a collective claim?
Individual owners retain personal standing to sue for damages specific to their unit, even without collective action. The association’s inaction does not bar individual claims for personal damages.
The above information does not constitute legal advice. Contact Lev-Taieb Law Office for personalized guidance.
