Translation Notice — This is an English translation of a Hebrew law and may contain inaccuracies. In any dispute or legal matter, the original Hebrew text as published in Reshumot (ספר החוקים) is the sole authoritative and legally binding version.
Law
Land Law, 5729-1969
חוק המקרקעין
Section B: Partition of Co-Ownership
Right to Demand Partition
37.
(a)Every co-owner of jointly owned Real Property is entitled at any time to demand partition of the co-ownership.
(b)Where a co-ownership agreement contains a stipulation excluding or restricting the right to demand partition for a period exceeding three years, the court may, after three years have elapsed, Order partition notwithstanding the stipulation, if it considers it just to do so in the circumstances of the matter.
Partition by Agreement or Court Order
38.
[Amendment: 5781]
(a)Partition of co-ownership shall be effected by agreement among the co-owners; where the agreement provides for physical division of the Real Property, the agreement shall require the approval of the Supervisor confirming that the division conforms to the provisions of the Planning and Building Law and any other legislation on the matter.
(b)In the absence of an agreement as referred to in subsection (a), partition of the co-ownership shall be effected pursuant to a Court Order in accordance with Sections 39 to 43.
Partition by Division
39.
(a)Where Real Property is capable of physical division, partition of co-ownership shall be effected by way of division in kind.
(b)Where physical division is possible only if equalization payments are made from one co-owner to another, the court may order them to make such payments if it considers it efficient and just in the circumstances of the matter; the provisions of Section 25 shall apply to equalization payments, with the necessary modifications.
(c)Where the court sees fit to do so, it may Order the registration of an easement between the parcels.
Partition by Sale
40.
(a)Where Real Property is not capable of physical division, and also where the court is satisfied that division in kind would cause substantial loss to all or some of the co-owners, partition of the co-ownership shall be effected by way of sale of the Real Property and distribution of the proceeds.
(b)The sale shall be carried out in the manner in which attached Real Property is sold in execution proceedings, unless the court has directed another manner that appears to it to be more efficient and just in the circumstances of the matter.
Spousal Residential Apartment
40a.
[Amendment: 5755]
(a)Where the court has decided, pursuant to Section 40, on partition of jointly owned Real Property that constitutes an apartment of spouses used by them as a residence, by way of sale, it shall not Order the execution thereof and the sale shall be stayed, so long as the court is not satisfied that suitable alternative residential arrangements meeting the needs of the minor children of the spouses and the spouse who has custody of them, taken together, have been found, including interim arrangements for temporary residence meeting their needs, for a period to be determined by the court.
(b)The provisions of Section 33 of the Tenant Protection Law [Consolidated Version], 5732–1972, shall not apply to a person who was a co-owner in an apartment in respect of which the court decided on partition of the co-ownership, as referred to in subsection (a).
Partition in Special Cases
41.
(a)Where the impediment to physical division of the Real Property exists only with respect to one co-owner, and that co-owner owns Real Property adjoining the jointly owned Real Property and has consented to having his share consolidated with the adjoining Real Property, the Real Property shall be divided accordingly.
(b)Where there is an impediment to physical division among all the co-owners but no impediment to such division if certain co-owners take their shares jointly and those co-owners have consented thereto, the Real Property shall be divided accordingly.
(c)Where the impediment to physical division exists only with respect to some of the co-owners, the others may retain the Real Property in their joint hands or divide it among themselves, provided that they pay to those co-owners the amount that would have fallen to their share had the Real Property been sold as referred to in Section 40.
Partition by Conversion to a Common House
42.
(a)Where the principal part of the jointly owned Real Property is a building suitable for registration as a common house, the court may, after receiving the opinion of the Supervisor, Order partition of the co-ownership by way of registering the building in the Register of Common Houses and allocating apartments to the co-owners according to their respective shares.
(b)Where partition of the co-ownership as referred to in subsection (a) is possible only if equalization payments are made from one co-owner to another, the court may order them to make such payments if it considers it efficient and just in the circumstances of the matter; the provisions of Section 25 shall apply to equalization payments, with the necessary modifications.
Wishes of the Co-Owners
43.
The court shall have regard, as far as possible, to the wish of some of the co-owners to maintain the co-ownership among themselves and to the other wishes of the co-owners.
Management and Use Pending Partition
44.
The court may issue a temporary Order regarding the arrangements for the management of the Real Property and the use thereof until the completion of the partition proceedings.
Co-Ownership of Other Rights
45.
The provisions of the preceding Division and of this Division, insofar as they are relevant, shall apply, with the necessary modifications, also to other rights in Real Property when held by several persons.
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Contact Us →Section C: Building and Planting on Co-Owned Land
Dissolution of Co-Ownership Due to Unlawfully Erected Fixtures
46.
Where a co-owner has erected fixtures on the jointly owned Real Property without being entitled to do so under law or pursuant to an agreement with the other co-owners (hereinafter – "the erecting co-owner"), any one of the other co-owners may, notwithstanding any restriction in the co-ownership agreement, demand dissolution of the co-ownership in accordance with the provisions of Division B; where dissolution of the co-ownership is not demanded, the provisions of Chapter IV shall apply, with the necessary modifications.
Dissolution of Co-Ownership by Way of Partition
47.
In the dissolution of co-ownership by way of physical partition of the Real Property, the court shall, to the extent possible, determine the erecting co-owner's plot in a manner that includes the fixtures.
Dissolution of Co-Ownership by Way of Sale
48.
Where the dissolution of co-ownership is effected by way of sale of the Real Property and the price received exceeds the price that would have been received from the sale of the Real Property without the fixtures, the erecting co-owner is entitled to reimbursement of his investment in the fixtures, but not more than the difference between the two prices; where the price received is less than the price that would have been received from the sale of the Real Property without the fixtures, the erecting co-owner shall pay to the other co-owners the difference in proportion to their respective shares in the Real Property.
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Contact Us →Section D: Fixtures on the Boundary
Ownership and Use
49.
(a)Walls, fences, trees, and similar fixtures located on the boundary of neighboring Real Property (hereinafter – boundary fixtures) shall be deemed to be assets in the joint ownership of the owners of the neighboring Real Property, as long as the contrary has not been proven.
(b)Each of the owners of the Real Property shall be entitled to use boundary fixtures for the purpose for which they were erected, and shall be obligated to participate in the expenses required to maintain them in proper condition in accordance with the proportion agreed upon between them, and in the absence of such agreement – in equal shares, unless the extent of their use thereof was different.
Fruits That Have Fallen into Another's Domain
50.
Trees or other plants growing close to a boundary — their fruits that have fallen onto the land of neighboring Real Property belong to the neighbor; if they have fallen onto a place to which the public has free access, any passerby is entitled to take them for themselves.
Plants Growing Close to a Boundary
51.
Trees or other plants growing close to a boundary whose branches or roots extend into neighboring Real Property — the owner of the neighboring Real Property or the person holding it (hereinafter – the neighbor) shall not be entitled to demand the removal of the branches or roots, unless they are capable of causing damage to the Real Property or of unreasonably interfering with the neighbor's enjoyment of the Real Property; if the neighbor has demanded of the owner of the plants that such branches or roots be removed and they have not been removed within a reasonable time, the neighbor shall be entitled to remove them personally at the expense of the owner of the plants.
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Contact Us →Chapter VI: Apartment Buildings
Section A: General Provisions
Definitions
52.
In this Chapter, and also in Division D of Chapter IX –
"building" – a permanent structure, including the land upon which it is built;
"apartment" – a room or unit, or a set of rooms or units, intended to serve as a complete and separate unit for residential, business, or any other purpose;
"condominium" – a building containing two or more apartments that is registered in the Condominium Register;
"apartment owner" – in respect of an apartment that has been leased on a long-term lease – the long-term lessee or the long-term sublessee, as the case may be, unless it is stipulated in the lease Contract that for the purposes of this Chapter they shall not be regarded as apartment owners;
"common property" – all parts of the condominium other than the parts registered as apartments, including the land, roofs, exterior walls, foundations, stairwells, elevators, shelters, and heating or water installations and the like intended to serve all or most of the apartment owners, even if located within the bounds of a particular apartment.
Application of Real Property Law
53.
Every provision of this Law, and every law applicable to Real Property, shall also apply to apartments in a condominium, with the necessary modifications; and where reference is made to registration in the Real Property registers, it shall be regarded as if reference were made to registration in the Condominium Register.
Separate Ownership of Apartments
54.
Notwithstanding the provisions of Section 13, an apartment in a condominium shall be a separate subject of ownership, rights, and transactions.
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Contact Us →Section B: Apartments and Common Property
Parts of Common Property Attached to Apartments
55.
(a)Each apartment in a condominium has an undivided share in the common property of that condominium attached to it.
(b)A transaction in an apartment shall also apply to the share in the common property attached to it, and a transaction in the common property separately from the apartment shall have no effect; nothing in this provision shall prevent an act intended to reduce or increase the area of land that forms part of the common property.
(c)The apartment owners may determine in the by-laws, as defined in Division C of this Chapter (hereinafter – the by-laws), that a specific part of the common property shall be attached to a particular apartment, provided that they shall not so determine with respect to stairwells, elevators, shelters, and installations intended to serve all apartment owners; where a specific part of the common property has been attached to a particular apartment, the provisions of this Chapter relating to common property shall not apply to it, and it shall be treated in all respects as the apartment to which it has been attached.
Non-Application
56.
(a)The provisions of Chapter V shall not apply to the common property.
(b)Nothing in sub-section (a) shall prevent co-ownership of an apartment or the partition of such co-ownership.
Share in Common Property
57.
(a)The proportion of the share in the common property attached to each apartment shall be determined according to the ratio of its floor area to the total floor area of all apartments in the condominium, unless a different proportion has been prescribed in the by-laws; in calculating the proportion of such a share, fractions below one hundredth shall not be exceeded.
(b)In calculating floor area for the purposes of sub-section (a), the areas of balconies and external walls shall not be taken into account, unless a different provision has been prescribed in the by-laws.
(c)Where a specific part of the common property has been attached to a particular apartment, its area shall be taken into account for the purposes of sub-section (a) at the proportion prescribed for that purpose in the by-laws, and in the absence of such prescription – at the proportion determined by the Supervisor according to the circumstances.
Bearing of Expenses
58.
[Amendment: 1984, 1992, 2005-2]
(a)An apartment owner is obligated to participate in the expenses necessary for the proper maintenance and management of the common property and for securing the services required by law or customary by practice, in proportion to the ratio of the floor area of their apartment to the total floor area of all apartments in the condominium, unless a different rate of participation has been prescribed in the by-laws; for this purpose, "proper maintenance" means preserving the condition of the common property as it was at the time of completion of construction, including improvements made to it thereafter with the consent of the apartment owners.
(b)[(Repealed).]
Condominium Comprising Multiple Buildings or Wings
59.
[Amendment: 1992]
(a)Where a condominium comprises several buildings or several wings, each having a separate entrance or separate installations (hereinafter – a compound building), and the apartment owners have prescribed in the by-laws that the common property, in whole or in part, within the boundaries of each building or wing shall be attached to the apartments in that building or wing, or that its maintenance and management shall be separate, the obligation to participate in the maintenance and management expenses of such common property shall apply only to the owners of apartments in that building or wing; the apartment owners may prescribe in the by-laws that a general meeting and a separate representation shall be held for that building or wing.
(b)In the absence of a provision in the by-laws as set out in sub-section (a), the Supervisor may direct that a compound building shall be managed as provided in sub-section (a) if satisfied that the circumstances of the matter justify doing so; where the Supervisor has so directed, the Supervisor shall determine the parts of the common property to which sub-section (a) shall apply.
(c)A determination that a compound building shall be managed as provided in sub-section (a) shall not derogate from the provisions of the law applicable to the common property in such a building whose maintenance and management have not been separated.
Installation of Solar Water Heater
59a.
[Amendment: 1988, 2021]
(a)A apartment owner may, subject to the provisions of subsection (b), without the consent of the other apartment owners, install in a reasonable location on the roof of the condominium that constitutes common property, a boiler for heating water by means of the sun (hereinafter – solar water heater), and may install in a reasonable manner the installations connected thereto and the pipes for conveying water to the apartment, provided that all of the following conditions are met:
(1)The installation is carried out in accordance with the provisions of the Planning and Building Law;
(2)On the day of installation, the location upon which the solar water heater is to be installed has not served, for a reasonable period, the apartment owners for any purpose agreed upon, whether by a decision of the apartment owners or by their conduct, and on that day it was not intended to serve any purpose under the by-laws of the condominium;
(3)The installation of the installations and pipes shall be carried out in a manner that minimizes, to the extent possible, any impairment to the appearance of the building.
(b)An apartment owner in a condominium whose roof is not sufficient for a number of solar water heaters equal to the number of apartments in the building shall not be entitled to install a solar water heater as stated in subsection (a) unless the owner has obtained the consent of all the other apartment owners, provided that if another apartment owner objected on unreasonable grounds or made consent conditional on unreasonable conditions, the Supervisor may authorize the installation of the solar water heater.
(c)A certificate signed by the engineer of the local planning and building committee shall serve as evidence as to whether the roof of the building is or is not sufficient for a number of solar water heaters equal to the number of apartments in the building; in that certificate, the engineer shall determine for how many solar water heaters the roof of the building is sufficient.
Disconnection from Central Heating System
59b.
[Amendment: 1988, 2023]
(a)An apartment owner may disconnect, at their own expense, from the central system for water heating or space heating (hereinafter – the central system), without the consent of the other apartment owners, provided that if the central system is integrated for both water heating and space heating, they shall not be entitled to disconnect from only one of them; nothing in this provision shall derogate from the provision of Section 2 of the Model By-Laws in the Schedule to the Law.
(b)The Minister of Energy and Infrastructure shall prescribe by Regulations, with the approval of the Interior and Environmental Protection Committee of the Knesset, what constitutes a disconnection for the purposes of this Section, what conditions permit a disconnection, and under what conditions it shall be carried out.
(c)A disconnection as referred to in sub-section (a) shall not derogate from the rights of the apartment owner in the central system from which they disconnected, nor shall it exempt them from the obligation to bear the expenses necessary for its proper maintenance.
(d)The Minister of Justice, in consultation with the Minister of Energy and Infrastructure and with the approval of the Interior and Environmental Protection Committee of the Knesset, shall prescribe by Regulations provisions regarding the payment of expenses as referred to in sub-section (c) to be paid by the apartment owner who disconnected from the central system, as well as regarding their share in the current operating expenses of the central system, taking into account the rate of increase in such expenses caused to the other residents as a result of the disconnection.
Adaptations for a Person with a Disability
59c.
[Amendment: 1988-2, 2002, 2005, 2008-3, 2010, 2021]
(a)In this section –
"person with a disability" – as defined in the Equal Rights for Persons with Disabilities Law, 5758–1998;
"occupational therapist", "physiotherapist" – as defined in the Regulation of Practice in Health Professions Law, 5768–2008;
"the Commission" – the Commission for Equal Rights of Persons with Disabilities, as its meaning in the Equal Rights for Persons with Disabilities Law, 5758–1998;
"physician" – a licensed physician under the Physicians Ordinance [New Version], 5737–1976.
(b)An apartment owner who, or whose family member residing with the owner, or a person who rents the apartment from the owner, is a person with a disability, may, subject to the provisions of subsections (c) and (d), carry out an adaptation in the common property as detailed in Parts A to C of the Second Schedule (hereinafter – adaptation), provided that all of the following are met:
(1)Where the carrying out of the adaptation constitutes work or use requiring a permit under the Planning and Building Law – the apartment owner has obtained a permit under that Law and has complied with the conditions of the permit;
(2)A physician, physiotherapist or occupational therapist has confirmed by signature on a document drawn up in the form set out in Part D of the Second Schedule that carrying out an adaptation, as specified therein, is required by the person with the disability, due to the disability, for the purpose of safe and independent accessibility to the apartment or to the common property serving it;
(3)The adaptation does not prevent the other apartment owners from using the common property in a reasonable manner, and the adaptation shall be carried out in a manner that minimizes, to the extent possible, any impairment to the other apartment owners and to the appearance of the building;
(4)The carrying out of the adaptation shall be at the expense of the apartment owner;
(5)The apartment owner or a person on the owner's behalf gave, no later than forty days before the date of carrying out the adaptation, detailed written notice to the management committee of the condominium regarding the intention to carry out the adaptation and its nature; where there is no management committee for the building, such notice shall be delivered to every apartment in the condominium.
(c)
(1)Carrying out an adaptation from among those listed in Part A of the Second Schedule does not require the consent of the other apartment owners in the condominium.
(2)Carrying out an adaptation from among those listed in Part B of the Second Schedule requires the consent of a majority of the apartment owners in the condominium.
(3)Carrying out an adaptation from among those listed in Part C of the Second Schedule requires the consent of apartment owners who own sixty percent of the apartments in the condominium.
(d)Where the Supervisor finds that an apartment owner objected on unreasonable grounds to the carrying out of an adaptation or made consent conditional on unreasonable conditions, and decided to authorize the carrying out of the adaptation, the Supervisor's decision shall replace that apartment owner's consent for the purposes of subsection (c)(2) and (3).
(e)The management committee of the condominium, and likewise an apartment owner who considers themselves aggrieved by the carrying out of an adaptation, may file a claim with the Supervisor within 30 days from the day on which the notice referred to in subsection (b)(5) was received; the filing of the claim shall not prevent the carrying out of the adaptation, unless the Supervisor orders otherwise; the Supervisor may, for special reasons to be recorded, extend the time for filing a claim under this subsection.
(f)An apartment owner who has carried out an adaptation shall bear all ongoing expenses required for the proper maintenance of the product of the adaptation; however, if the product of the adaptation is intended to serve all or most of the apartment owners, all apartment owners shall bear those expenses.
(g)The tenants' assembly may decide that upon the passing of the need for the adaptation, including in a case where the person with a disability has ceased to reside in the apartment, the apartment owner shall remove the adaptation, restore the situation to its former state, and bear all expenses involved therein; a decision under this subsection shall be made no later than 90 days from the date of the passing of the need for the adaptation as aforesaid.
(h)The Minister of Justice may, in consultation with the Commission and with organizations engaged in the promotion of the rights of persons with disabilities, and with the approval of the Knesset Labor, Welfare and Health Committee, amend, by Order, the Schedule.
(i)The provisions of this section, except for subsection (b)(2), shall apply, with the necessary modifications, to an apartment owner who, or whose tenant, is required to carry out accessibility arrangements in the common property pursuant to the provisions of Chapter E1 of the Equal Rights for Persons with Disabilities Law, 5758–1998, to the extent required for the purpose of access to the public place or the public service, as the case may be, and in order to enable reasonable use and enjoyment, in the circumstances of the case, of the public place or the public service; this section shall not apply to a public place or public service if there exists an accessible alternative public place or public service within a reasonable distance, operated or maintained by the apartment owner or the tenant, all as the case may be.
59d.
[Amendment: 1991, 1994, 2017]
[(Repealed).]
Gas Installations
59e.
[Amendment: 1991, 2017]
(a)Installations or piping of a central gas system in a condominium intended to serve a specific apartment only shall form part of that apartment, whether they are located inside the apartment or outside it.
(b)Installations or piping of a central gas system intended to serve all or some of the apartment owners, excluding a mobile container or a stationary container, a meter, or a regulator, shall form part of the common property.
(c)A provision in the by-laws or in a Contract that contradicts sub-sections (a) or (b) shall be void, unless it is more favorable to the apartment owners.
(d)In this Section –
"mobile container" and "stationary container" – as defined in the Economic Arrangements Law (Legislative Amendments), 5749–1989;
"central gas system" – a system for supplying gas through which gas is supplied to two or more apartments.
Installation of an Elevator
59f.
[Amendment: 1996, 2021]
(a)Apartment owners who own two-thirds of the apartments in the condominium may decide at the general assembly on the installation of an elevator in the common property, if the following conditions are met:
(1)A building permit for the installation of the elevator may be obtained under the Planning and Building Law;
(2)The elevator can be installed in a manner that will not cause substantial harm to the other apartments or some of them, to the common property, or to the appearance of the building.
(b)
(1)The apartment owners who decide on the installation of the elevator shall bear the costs of its installation, and they may agree that only some of them shall bear such costs.
(2)Owners of ground-floor apartments shall not bear the costs of the installation of the elevator, even if they are among those deciding to install it.
(3)All apartment owners shall be obligated to participate in the costs of the maintenance and operation of the elevator.
(4)The payments to be borne by the apartment owners under this subsection shall be in accordance with the ratio between the floor area of each apartment and the total floor area of all apartments whose owners bear those payments.
(c)
(1)Apartment owners may stipulate in agreed by-laws that the provisions of this section shall not apply to them.
(2)Nothing in the provisions of this section shall derogate from any special provision existing in agreed by-laws concerning the installation of an elevator.
(d)
(1)The provisions of Chapter VI, Division D shall apply to proceedings under this section before the Supervisor, with the necessary modifications.
(2)The Supervisor may order the cancellation of a decision made under this section, its amendment, or its being made conditional on conditions, including compensation, all as the Supervisor deems fit.
Operation of an Elevator as a Sabbath Elevator
59g.
[Amendment: 2001, 2011]
(a)In a condominium in which there are apartments used for residential purposes, all or some of them, and in which more than one elevator is installed and a Sabbath control mechanism has been installed in one of the elevators, any apartment owner may demand that the elevator in which the mechanism was installed be operated as a Sabbath elevator; if an apartment owner makes such a demand, the elevator shall be operated as a Sabbath elevator.
(a1)In a condominium as referred to in subsection (a), in which one or more elevators are installed and a Sabbath control mechanism has not been installed in one of the elevators, as the case may be, a majority of apartment owners may decide on the installation of a Sabbath control mechanism, and likewise on the operation of the elevator or one of the elevators, as the case may be, as a Sabbath elevator.
(b)The Minister of Justice shall prescribe the hours of operation of a Sabbath elevator, taking into account, inter alia, the number of persons demanding its operation and their needs.
(c)Notwithstanding the provisions of subsection (b), all apartment owners in the condominium may decide on the operation of a Sabbath elevator at specific hours.
(c1)Should the Minister of Justice not have prescribed hours of operation as referred to in subsection (b), the Sabbath elevator shall be operated at such times as shall be determined by a majority of apartment owners, provided that the determination of the hours of operation of the Sabbath elevator as referred to in subsection (a1) shall be made with consideration for all users of the elevator and their needs.
(d)
(1)Apartment owners demanding the operation of the Sabbath elevator shall bear the costs of its maintenance and operation arising from the operation of the elevator as a Sabbath elevator.
(2)Apartment owners demanding the installation of a Sabbath control mechanism as referred to in subsection (a1) shall bear the costs of its installation.
(e)The payments to be borne by apartment owners under this section shall be in accordance with the ratio between the floor area of each apartment and the total floor area of all apartments whose owners bear those payments.
(f)For the purposes of this section, in a composite building as its meaning in Section 59, each structure or wing therein shall be regarded as a condominium.
(g)The provisions of Chapter VI, Division D shall apply to proceedings under this section before the Supervisor, with the necessary modifications.
(h)In this section –
"Sabbath control mechanism" – as defined in the Installation of Sabbath Elevators in Public Buildings and Residential Buildings Law (Provisions and Legislative Amendments), 5761–2001;
"Sabbath elevator" – an elevator in which a Sabbath control mechanism has been installed and in respect of which the provisions of subsection (a) or (a1), as the case may be, have been fulfilled.
Lighting on the Sabbath and Festivals
59h.
[Amendment: 2006]
(a)An apartment owner may, without the consent of the other apartment owners, install, at the owner's expense, a mechanism enabling the automatic activation of lighting without desecration of the Sabbath (in this section – the mechanism) in the common property, and shall bear the costs of maintenance and operation of the mechanism, provided that all of the following are met:
(1)Prior written notice thereof was given to the management committee of the condominium, and where there is no management committee for the building, such notice shall be given to every apartment in the condominium;
(2)A written undertaking was given by the apartment owner to restore the situation to its former state and to bear the costs involved therein if the mechanism is no longer needed;
(3)The operation of the mechanism does not cause any damage or nuisance to an owner of another apartment.
(b)In a composite building, as defined in Section 59, notice as referred to in subsection (a)(1) shall be given to the apartment owners in the same entrance.
Installation of a Sabbath Mechanism for a Water Pump
59h1.
[Amendment: 2023-2]
(a)An apartment owner may, without the consent of the other apartment owners, install, at the owner's expense, a mechanism enabling the automatic operation of a water pump without desecration of the Sabbath (in this section – the mechanism) in the common property, and shall bear the costs of maintenance and operation of the mechanism, provided that all of the following are met:
(1)The apartment owner gave, no later than 30 days before the date of carrying out the installation, prior written notice to the management committee of the condominium and to all apartment owners in the condominium of the intention to carry out such installation, and if the mechanism is to be installed in a water pump serving only some of the apartment owners – to those apartment owners; notice to apartment owners shall be given in the manner in which notice of convening a general assembly of apartment owners is given under the by-laws of the condominium, and shall include details regarding the type of mechanism and the manner of installation;
(2)A written undertaking was given by the apartment owner to restore the situation to its former state and to bear the costs involved therein if the mechanism is no longer needed;
(3)The installation or operation of the mechanism does not cause any damage or nuisance to an owner of another apartment;
(4)The installation of the mechanism is carried out in accordance with the provisions of the Electricity Law, 5714–1954;
(5)A registered engineer in the field of civil engineering with experience in the installation of water system facilities has confirmed that the installation or operation of the mechanism will not harm the building's systems or water supply; for this purpose, "registered engineer" – as its meaning in the Engineers and Architects Law, 5718–1958.
(b)The Minister of Justice, in consultation with the Minister of Energy and Infrastructure and with the approval of the Knesset Interior and Environmental Protection Committee, may prescribe by Regulations provisions regarding the share of the apartment owner who installed the mechanism in the payment of the ongoing maintenance and operation costs of the water pump in which the mechanism was installed, taking into account the rate of increase in those costs caused to the other apartment owners as a result of the operation of the mechanism.
(c)In this section, "water pump" – excluding a water pump serving solely for firefighting purposes.
Installation of a Photovoltaic Installation or Storage Installation Serving All Apartment Owners
59i.
[Amendment: 2021, 2023]
(a)In this section and in Section 59i –
"storage installation" – an installation enabling the conversion of electrical energy to energy that can be stored, as well as the storage of that energy and its reconversion to electrical energy;
"photovoltaic installation" – a system for the generation of electricity that directly converts solar energy into electrical energy.
(b)Apartment owners who own two-thirds of the apartments in the condominium may decide at the general assembly on the installation of a photovoltaic installation or a storage installation (in this section – the installation) on the roof of the condominium that constitutes common property, all or part thereof, and to install in a reasonable manner the devices and infrastructure connected to such installation, and they may also make decisions on transactions concerning the installation and the revenues derived therefrom, notwithstanding the provisions of Section 55, provided that all of the following are met:
(1)The installation of the installation and the devices and infrastructure connected thereto (in this section – the installation work) shall be carried out in accordance with the provisions of the Planning and Building Law and the Electricity Law, 5714–1954;
(2)The installation and operation of the installation shall be carried out in accordance with the Non-Ionizing Radiation Law, 5766–2006;
(3)The installation work shall be carried out in a manner that minimizes, to the extent possible, any impairment to the appearance of the building;
(4)The installation work shall not impair installations that have been lawfully installed on the roof of the condominium;
(5)All of the following were presented to the apartment owners at the general assembly: the expenses to be borne by the apartment owners in connection with the installation of the installation, the expected expenses for its operation and maintenance, the expected revenues from its operation, the return period on the apartment owners' investment, the party that will carry out the installation work, the manner of maintenance and operation of the installation, its location, its size, and the safety measures to be taken during its operation.
(c)
(1)The apartment owners who decided on the installation of the installation as referred to in subsection (b) shall bear the costs of its installation, and they may agree that only some of them shall bear such costs.
(2)The installation costs to be borne by apartment owners under paragraph (1) shall be in accordance with the proportionate share of the apartment owners who decided on the installation in the common property, unless those apartment owners decided on a different allocation of costs.
(3)All apartment owners in the condominium shall bear the costs of operation and maintenance of the installation.
(4)Where an installation has been installed as referred to in subsection (b), the installation and the revenues received from its operation shall be regarded as part of the common property of the condominium; however, the revenues from its operation shall be used, before any other use, to cover the costs of maintenance and operation of the installation, and the remaining revenues shall be used, before any other use, to reimburse the installation costs to the apartment owners who bore them, in accordance with their proportionate share in those costs; after reimbursement of the installation costs, the remaining revenues shall serve all apartment owners in accordance with their proportionate share in the condominium; for this purpose, "reimbursement of installation costs" – including reimbursement of the costs that would have been borne by apartment owners who did not decide on the installation of the installation had they been among the apartment owners who decided on the installation, in addition to reimbursement of the installation costs actually borne by the apartment owners who decided on the installation.
(d)An apartment owner who objects to a decision made in accordance with the provisions of subsection (b) and claims substantial impairment of rights may file a claim with the Supervisor, and the provisions of Section 71c(b) through (e) shall apply in this regard, with the necessary modifications and with these modifications: in subsection (d), the words "or that the real estate appraiser determined as aforesaid erred" and the conclusion beginning with the words "whether by way of equalization payments" – shall not be read.
(e)
(1)Where an installation has been installed as referred to in subsection (b) and an apartment owner claims that special circumstances exist justifying its removal, including a safety risk, the owner may file a claim with the Supervisor for the removal of the installation.
(2)Where the Supervisor finds that special circumstances exist justifying the removal of the installation, the Supervisor may order the removal of the installation, in whole or in part, and may prescribe provisions in that regard; the Supervisor shall give directions regarding the bearing of the costs of removal of the installation.
(f)Apartment owners may stipulate in agreed by-laws that the provisions of this section shall not apply to them.
(g)Nothing in the provisions of this section shall derogate from any special provision existing in agreed by-laws concerning the installation of the installation.
(h)The Minister of Justice, with the approval of the Knesset Interior and Environmental Protection Committee, shall prescribe provisions regarding the modifications required to the provisions of this section if the condominium is located on the area of a plot to which a thematic plan applies, as defined in Section 62a(h)(1) of the Planning and Building Law, enabling the expansion of existing apartments by way of construction on the roof of the condominium.
Installation of a Photovoltaic Installation or Storage Installation Serving a Specific Apartment Owner
59j.
[Amendment: 2021]
(a)An apartment owner may install, in a reasonable location on the roof of the condominium that constitutes common property, a photovoltaic installation or a storage installation, and may also install in a reasonable manner the installations and infrastructure connected to such installation, all without the consent of the other apartment owners, provided that all of the following are met:
(1)
(a)The installation shall be carried out on an area of a proportionate share not exceeding the share of the installing apartment owner in the common property; if a portion of the roof area serves the apartment owners for another purpose that has been agreed upon as referred to in paragraph (3), or if there are installations lawfully installed on the building's roof, other than solar water heaters, photovoltaic installations or storage installations, the area for the purposes of this section shall be calculated from the remaining area;
(b)If a solar water heater, photovoltaic installation or storage installation serving the installing apartment owner is already installed on the roof of the condominium, its area shall be deducted from the area in which the installation may be carried out under sub-paragraph (a);
(2)The conditions set out in paragraphs (1) through (4) of Section 59i(b);
(3)On the day of installation, the location at which the installation is to be carried out has not served, for a reasonable period, the apartment owners for any purpose agreed upon, whether by a decision of the apartment owners or by their conduct, and on that day it was not intended to serve any purpose under the by-laws of the condominium;
(4)The installing apartment owner or a person on the owner's behalf gave, no later than 45 days before the date of carrying out the installation, prior written notice to the management committee of the condominium and to all apartment owners in the condominium regarding the intention to carry out such installation; notice to apartment owners shall be given in the manner in which notice of convening a general assembly of apartment owners is given under the by-laws of the condominium; the notice shall include details regarding the location of the installation, its size, and the safety measures to be taken during its operation.
(b)Several apartment owners together may act as referred to in subsection (a) if the conditions referred to in that subsection are met, with the necessary modifications.
(c)An apartment owner who carries out an installation as referred to in subsection (a) shall bear all costs involved in the installation, operation and maintenance of the installation and all obligations arising therefrom, and the installation under subsection (a) and the revenues received from its operation shall be regarded as part of the property of the installing apartment owner.
(d)Where an installation has been installed as referred to in subsection (a) and the management committee of the condominium or an apartment owner considers that special circumstances exist justifying the removal of the installation, including due to a safety risk, the provisions of Section 59i(e) shall apply in this regard with the necessary modifications and with this modification: in paragraph (2), instead of the conclusion beginning with the words "the Supervisor shall give directions", it shall read "the installing apartment owner shall bear all costs involved in the removal of the installation, unless the Supervisor determines otherwise".
(e)Where an installation has been installed as referred to in subsection (a), and a decision has been made under this Law concerning the expansion of an apartment as referred to in Section 71b on the roof of the condominium, the installation shall be removed or relocated to another place to the extent required; an apartment owner who expands the apartment as referred to in this subsection shall bear all costs involved in the removal or relocation of the installation and shall reimburse the installing apartment owner for the installation costs, all unless the Supervisor determines otherwise.
(f)The provisions of Sections 59i(f) and (g) shall apply with regard to an installation as referred to in this section, with the necessary modifications.
Condominium That Has Been Destroyed
60.
(a)Where a condominium has been destroyed, in whole or in part, for any reason, and the apartment owners to whose apartments at least three-quarters of the common property is attached (hereinafter – the restorers) have decided to rebuild or repair the building, each apartment owner shall bear the expenses involved in doing so with respect to their apartment, and all apartment owners shall participate in the expenses involved in doing so with respect to the common property, each according to the share in the common property attached to their apartment.
(b)Where an apartment owner has refused to participate in the reconstruction or repair of the common property, the Supervisor may, upon the application of the restorers and after being satisfied that there is no practical possibility of rebuilding the condominium with respect to the remaining apartments only, order the apartment owner to transfer, within the period prescribed and which shall not be less than six months, their right in the apartment to another person to be designated by the apartment owner, who shall take their place in all matters relating to the obligation of reconstruction or repair.
(c)Where the apartment owner has not transferred their right as provided in sub-section (b), the Supervisor may, upon the application of the restorers, order the transfer of the right to a person proposed by the restorers, or in the absence of a proposal on their part – to a person determined by the Supervisor, and order its registration in the name of that person after the value of the right has been paid to the apartment owner or deposited with the Supervisor.
(d)Where a dispute has arisen regarding the value of the right, the value shall be determined by the Supervisor upon the application of the restorers or the apartment owner.
(e)Any application to the Supervisor to exercise any of the powers conferred upon the Supervisor under this Section shall be treated as a claim before the Supervisor under Division D.
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