Court Orders Tel Aviv Resident to Remove Private Parking Gate

A Tel Aviv apartment owner has been ordered by the Registrar of Real Estate to remove a gate and electric barrier she installed to create a private parking space in front of her building. The decision came despite the agreement of her neighbors to grant her exclusive use of the space.

The dispute arose when the building's residents' committee filed a complaint against the apartment owner, alleging she had unilaterally converted a common area in front of the building at 49 Ben Gurion Street into her private parking spot, installing an electric gate without the consent of other residents or planning authorities.

The owner argued that all other apartment owners had explicitly agreed to her exclusive use of the land for parking, that this arrangement was documented in the building's plans and regulations, and that she had paid for her apartment in full. She also claimed that even without her neighbors' consent, parking in a common area is a reasonable use.

However, the Registrar of Real Estate, Osheret Arfi-Morai, ruled that while the building's regulations might permit such an arrangement among residents, it is still subject to approval from the local planning and building committee and other relevant authorities. The court stated that an agreement between co-owners cannot override the need for official planning approval.

Since the owner had not obtained the necessary planning permits, she was prohibited from using the space as a private parking lot. She has been given 30 days to vacate the area and remove the gate and barrier.