Court Orders Neighbors to Pay for Failed Roof Repairs
A small claims court in Beersheba has ordered two apartment owners to pay their neighbors thousands of shekels for their share of a shared roof repair. The ruling by Judge Rachli Tikteen-Adulam concerned a couple living on the top floor of a building on Sarah Aaronsohn Street in Beersheba, who sued two of their neighbors after a leak from the shared roof damaged their apartment.
The issue began when the upstairs resident discovered a leak originating from the building's shared roof. After demanding repairs from other residents and sending a lawyer's letter, repairs were carried out by a professional hired by two of the apartment owners. However, these repairs failed, and the leak recurred twice more.
A compromise was reached where one of the two apartment owners would hire a professional to fix the problem. This repair, costing 2,500 shekels and including a three-year warranty, also failed to resolve the issue. Consequently, the upstairs resident hired his own professional for a comprehensive repair costing approximately 17,000 shekels, with a ten-year warranty.
When the other two apartment owners refused to contribute to this cost, the lawsuit was filed. The defendants argued they were not obligated to pay, claiming the leak was minor, the plaintiffs were primarily trying to sell their apartment, they didn't seek other quotes, and that delays increased the repair cost.
The court rejected all the defendants' arguments. It determined that the original leak and subsequent recurrences after failed partial repairs were connected. The court also found no proof that delays increased the cost and deemed the plaintiffs' intention to sell irrelevant, as the leak originated from common property. The judge noted the plaintiffs had given their neighbors opportunities to fix the leak, and when they failed, they had no choice but to act themselves.
Each of the two defendant apartment owners was ordered to pay the upstairs residents a total of approximately 8,200 shekels. This sum covers their relative share of the comprehensive repair, the plaintiffs' legal expenses, and an additional 1,000 shekels in compensation to each defendant for wasting the plaintiffs' time.
