Dismissal of Damage Claims in a Joint Building (Land Registrar Case 5/944/2021; CC 47885-05-21 Shlomit and Yoram Bari v. Representative Committee of the Joint Building at 17 Tilpiot St., Ramat Gan)

At our firm, we specialize in representing joint building committees, and we understand the complexity and sensitivity involved in internal disputes. This case, involving a chain of legal proceedings between an apartment owner and the building's committee, demonstrates how sound legal management, a focused strategy, and an in-depth understanding of the law can protect the interests of all residents.

The plaintiffs, owners of an apartment in a joint building, filed two claims against the building's committee, which was represented by our firm. The claims concerned alleged damage to their apartment, purportedly resulting from defects in the shared sewage infrastructure, which caused repeated flooding in their apartment.

In the first proceeding, which was conducted before the Land Registrar Supervisor, the plaintiffs sought a mandatory injunction ordering the committee to repair the defects in the sewage infrastructure. Our firm proved that even before the claim was filed, the old sewage pipe had already been replaced with a new one, thereby fixing the alleged defect. In addition, we presented an expert opinion establishing that there was no defect in the sewage infrastructure causing damage to the plaintiffs' apartment. The Supervisor dismissed the claim, ruling that the defects had been repaired before it was filed, and the plaintiffs were ordered to pay legal costs.

After their claim was dismissed, the plaintiffs filed a monetary claim for approximately NIS 148,000 for the same damages, before the Magistrates' Court. In this proceeding too, our firm represented the joint building's committee. We proved that the plaintiffs had brought no evidence that the flooding was caused by a blockage in the common property, and that the plaintiffs' own expert admitted he had not seen flooding in their apartment. The court accepted our arguments and dismissed the claim in full, ruling that the plaintiffs had not proven a causal link between the source of the flooding and the committee's liability, and rejected all the monetary components of the claim. The plaintiffs were ordered to pay substantial legal costs.

This chain of legal proceedings demonstrates our ability to effectively protect our clients' interests. Professional management, the presentation of strong evidence, and determined handling of the plaintiffs' arguments led to the dismissal of all their claims in both proceedings. Our firm is committed to providing joint building committees with comprehensive legal representation, ensuring the protection of all residents' rights and the efficient management of disputes.

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