A tenant in a condominium performed a repair in the common property and demanded reimbursement.
The Supreme Court held that the main road to repair defects in the common property is by approaching the condominium’s house committee. If the condominium’s house committee refuses to repair the defect, the tenant must file a claim to the Condominium Supervisor. If the tenant chooses not to file a claim with the Supervisor, but to pay out of his own pocket and repair the defect himself, then in order to receive reimbursement for his expenses, the tenant will have to show, among other things, that the following conditions have been met: It is a defect which obligation to repair applies to the condominium’s house committee; A request for repair was made to the condominium’s house committee and they refused to repair it; There is an urgent need to repair and the delay for approaching the Supervisor would have significantly increased the damage; There is a severe damage to the tenant's ability to use the property and repairing the defect was carried out properly. Additionally, the Court will consider the cost of the repair because a tenant will not be entitled to reimbursement for unreasonable expenses.
In this case, the defect was in the roof support of the building, which is a common property, and the defect was properly repaired. However, the Court rejected the claim because the tenant did not approach the condominium’s house committee and other tenants and asked to repair the shared roof. Also, It was not proven that there was an urgent need to repair the defect nor that it would have harmed the tenant's ability to use the property.
Published in Afik News 247 03.01.2017