Life in a condominium, especially where many residents are involved, sometimes becomes complicated when one neighbor tries to harass another and drags the parties into an unnecessary war that causes...
As is well known, every condominium has bylaws. The residents of the condominium may adopt the standard bylaws or draw up agreed bylaws intended to regulate life in the building. In this article you will see that where one of the neighbors seeks to abuse his rights, the court will not be quick to assist him or grant him a remedy if he seeks to do so in bad faith.
Since there is no shortage of examples, and almost every one of you surely knows at least one such story, we have chosen to present an interesting case.
It concerns a new neighbor who moved into a building inhabited by a small number of residents who had lived in good neighborly relations for many years, where each resident had one parking space allocated to him within the common property. As a result, every resident except the new one was able to park two cars in tandem, one behind the other, without preventing the other neighbors from entering or exiting the parking area.
The new neighbor’s heart sank, and he began trying to change the harsh decree. His actions took the form of creating provocations and blocking the access path to the parking area, thereby preventing the other residents from bringing in their vehicles. Since his actions were of no avail, he chose to try his luck in court.
In the case law, a number of arguments were raised and rules were established that are worth knowing before initiating legal proceedings that involve considerable financial expense.
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Section 14 of the Land Law provides: “Ownership and other rights in land do not, in themselves, justify doing anything that causes harm or inconvenience to another.” As we can see, Section 14 of the law limits the power of ownership and prevents the owner from abusing his right.
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In the Supreme Court’s judgment in the matter of Roker v. Salomon, a number of considerations were set out that the court keeps before its eyes: “The first consideration is the strength of the proprietary right that has been infringed: whether it concerns a right in land or in movables, and whether it concerns ownership or another, weaker right. The second consideration is the strength of the infringement of the right, including the extent of the infringement and its duration. The third consideration – secondary in importance to those preceding it – is the strength of the consequences of removing the infringement for the party infringing the right. The fourth consideration is the conduct of the litigants.” As can be seen from the court’s remarks, when balancing the rights of neighbors, account will be taken of the strength of the right that was infringed, a right in land (for example, an apartment) or a right in movables (objects that can be moved from place to place), the extent of the infringement, whether light or negligible, and ultimately the conduct of the parties — with particular emphasis on the parties’ good faith.
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In Case No. 2/11, Yona Shamir et al. v. Sara Frisch et al. (Petah Tikva), before Supervisor Tali Lahav, it was held: “The questioner may ask whether such conduct amounts to a lack of good faith. In my view, in the circumstances of the case and in light of the sought outcome, which would indeed be ‘neither mine nor yours,’ there is here an act performed in bad faith. Among other things, it was argued that the plaintiffs presented to the defendants a ‘consent’ in the form of the letter.” In simple terms, the Supervisor held that a neighbor who seeks to harm another neighbor, as in the parking example, acts in bad faith, because the new neighbor wishes to deny the other residents an enjoyment and a use that he is unable to enjoy to the same degree. In sum, not every right in land, however just and correct it may be, will receive the court’s backing if the petitioner’s conduct reveals a desire to oppress and harass his fellow.
The Amon Law Firm handles the representation of property owners living in multi-resident condominiums and assists those who wish to protect their property and their right to make reasonable use of their home when a dispute arises between neighbors living side by side.
Contact a civil law attorney and stand up for your rights!
The above is general information only and does not constitute legal advice; each case is examined on its own merits.
