Neighbour disputes in the modern era

Most citizens in Israel live in condominium buildings. Neighbour disputes over a range of issues therefore occupy many people, lawyers, mediators, appeals committees and courts today. The “hot” issue of the present era is neighbour disputes arising from TAMA 38.
An apartment owner in a condominium should know that their apartment is like a “private island” in a “sea” of common property. Privacy is pushed into a corner when owners discover that they must comply with the condominium regulations and the whims of the majority of their neighbours at every step—from the entrance path to the building and their apartment, through the courtyard, stairwell and lift, to the roof and so on. All of these are common property, and all the neighbours have something to say… Moreover, disputes also arise over everyday matters, such as the upstairs neighbour’s music practice hours, the frying smells from the family who like to cook with their door open, and much more.
No apartment owner can decide alone what happens on the common property and/or how much is spent maintaining it. In recent years, all the “traditional” disputes have been joined by heated disputes over implementing plans to strengthen buildings against earthquakes under TAMA 38. The financial incentive to increase apartment values clashes with certain owners’ fears of collusion between the initiating neighbour and the contractor, appropriation of parts of the common property, and more.
Adv. Uri Shiloh, a real-estate specialist and partner at A. Shiloh & Co., notes that in the past one of the principal disputes concerned a uniform charge for every apartment, even though the apartments were not of equal size. Section 58 of the Land Law provides that apartment owners must contribute to the condominium’s maintenance expenses in proportion to their apartment’s floor area as a share of the total apartment floor area in the building, unless the regulations prescribe a different rate. It is therefore always advisable to read and examine the condominium regulations and understand the rules binding all apartment owners. Adv. Shiloh notes that the payment is proportional and does not include attached areas such as parking spaces, gardens or roofs.
Adv. Shiloh notes that today the most heated neighbour disputes concern installing a new lift, adding a protected room, adding balconies, upgrading a building under TAMA 38, taking over or building on common areas such as parking spaces, courtyards or roofs, and complaints about noise and odour nuisances. Since most citizens live in condominiums, these disputes are very common. They can sometimes create a very unpleasant atmosphere in a building, infringe residents’ rights, delay new construction projects and even lead to violence and criminal offences. These disputes are usually heard by the Supervisor of Condominiums, who has the powers of a magistrates’ court. In some cases, however, they are heard by planning and building appeals committees—particularly disputes involving additional construction and TAMA 38—and also reach the district courts and even the Supreme Court.
Ownership is a strong right but not an absolute one. It cannot therefore be exercised in a way that harms another resident of the building. This applies all the more to use of common property, in which a resident’s ownership share is proportional to their apartment’s floor area out of the total floor area of all apartments. A 75% majority of apartment owners may decide to attach part of the common property to a particular resident’s apartment, but without such a decision the resident cannot appropriate it. Common property includes the lift, stairwells, shared storage rooms and the roof, unless it has been attached to a particular apartment. In disputes concerning use of common property, the Supervisor acts as a court for all purposes and has the judicial powers of a magistrates’ court.
Condominium disputes do not end with harmful uses of common property. Neighbour disputes frequently arise from various tort claims involving noise, odours and animals. In condominiums, restrictions prohibit making noise between 14:00 and 16:00 and from 23:00 until 07:00 the following morning. The prohibition includes, among other things, singing, shouting and playing music, except on Sabbaths and holidays. Similar prohibitions apply to other noise from renovations and moving rubbish bins, gas cylinders and the like. Another prohibition concerns strong and unreasonable odours, mainly in relation to lighting barbecues in courtyards. Animals must be kept in a manner that does not cause loud noise for neighbours. Even feeding stray cats on the common property has been held to constitute a nuisance. The magistrates’ and district courts have jurisdiction over these matters.
Above all, remember that even if the Supervisor or court resolves a dispute, issues a mandatory or prohibitory injunction and even awards damages, the dispute does not end there. Damage to good neighbourly relations can also have a negative effect on an apartment’s property value, as prospective buyers may decide not to buy in a building with problematic neighbourly relations. In addition, losing the opportunity to upgrade the building and apartments under TAMA 38 may mean losing a potential 15–20% increase in the apartment’s value. Before turning to the various judicial bodies, it is therefore strongly recommended to try to resolve disagreements amicably and through techniques used in the business world, and to consult advisers in mediation, planning and building, and law who specialise in condominium property disputes.