Owner of a penthouse who expanded his apartment is not required to give up use of the garden

The Tel Aviv District Court ruled that a penthouse owner who expanded his apartment is not obligated to grant his neighbors exclusive use of the yard as a condition for construction. Judge Limor Bibi determined that division of common property requires the consent of all apartment owners, and that the required majority for expansion remains in effect.

The Tel Aviv District Court ruled that a penthouse owner who expanded his apartment is not required to give up use of the shared garden. The verdict was given in an appeal filed by an apartment owner in Bat Yam, who sought to expand his apartment on the roof and build a safe room. The ground-floor apartment owners, a brother and sister, withdrew their consent and demanded exclusive use of the yard in return. Judge Limor Bibi ruled that division of common property requires the consent of all apartment owners, and that the required majority for expansion (75% or 60% for a safe room) remains in effect even after their withdrawal. It was determined that the yard and roof remain common property, with no right to exclusive use for either party. The ground-floor apartment owners were ordered to pay costs of 4,000 shekels.