In this short article, I will try to shed some light on a subject that might be easy for Israelis to understand. For new immigrants, however — who come from a different legal system — this topic is a nightmare.
Va’ad Bayit can be described as the internal council of any building (in this article, we will not be dealing with commercial buildings, only private homes). The Va’ad Bayit is actually “regulated” by law — Real Estate Law — which has a special chapter (Chapter 6) on Batim Meshutafim, i.e., condominiums. Any apartment building with 2 apartments or more (in other words, most apartment buildings) is called a Bayit Meshutaf.
At the end of this article, you will find (in Hebrew only) the entire chapter covering every legal aspect of a Bayit Meshutaf. The topics include, amongst others, the definition of a Bayit Meshutaf; how to elect a Va’ad; and the obligations of the Va’ad.
A special tribunal was created to deal with the rights and obligations of the Va’ad, and the violations of this law.
In Israel, the organization in charge of managing these Batim Meshutafim is known as Ha’aguda L’Tarbut Hadiyur (http://www.tarbut-hadiur.gov.il/Default.aspx?set=0:1). For a small annual fee, the organization will help you manage the Va’ad; will provide free legal aid; will supply you with a special computer program to manage the Va’ad; and much more (http://www.tarbut-hadiur.gov.il/Default.aspx?set=3:1). As far as I know, these services are only provided in Hebrew and the agency’s site is in Hebrew only.
The following link lists all the branches throughout the country. I am sure you can find an English-speaking person in each branch (http://www.tarbut-hadiur.gov.il/Default.aspx?set=2:2&paging=0:0:0&sorting=0:0&filter=0:0).
There are explicit regulations regarding the various obligations of a Va’ad, such as presenting details of expenses and revenues (http://www.tarbut-hadiur.gov.il/Upload/Forms/100doc633988020349923750.pdf), or maintaining a written protocol of the meetings and decisions of the Va’ad (http://www.tarbut-hadiur.gov.il/Upload/Forms/101doc633988009257892500.pdf).
Not only does the Va’ad have many obligations, but it also has numerous rights. Details can be found at this link: http://www.tarbut-hadiur.gov.il/Upload/Forms/142×635081874523478047.pdf.
If the Va’ad decides, for example, to refurbish the entrance of a building, and most of the apartment-owners agree, the minority will be obliged to adhere to this decision. If a certain monthly sum is decided upon, everyone will be obliged to pay that amount — like it or not. Note that only one annual Va’ad meeting is mandatory, to present the receipts to the apartment owners and to explain how the money was spent.
In any apartment block, emergencies can crop up — such as a leaking pipe, a broken elevator, or a leaking roof. All these problems are considered “urgent” and a reasonable decision can be taken on the spot, if and when necessary, by the head of the Va’ad.
Regarding decisions to be made
The decision makers, or those with the right to VOTE in the council, are the landlords alone — and not the tenants. The legal relationship between a tenant and his landlord is regulated by a rental lease, but never under this law.
The landlord can empower his tenant to vote for him if he (the landlord) so wishes. But a tenant will never have any power to enforce his own will, or to vote, without being granted the specific right to act as a landlord’s proxy and to have his clear, written permission.
Regarding decisions already made according to the rules
Any legal decision made by the Va’ad must be respected and can be enforced by a tribunal.
Contesting a decision
This can be complicated: In any situation where an agreement cannot be reached among the landlords, a lawyer will be needed. If the Va’ad is a member of Ha’aguda L’Tarbut Hadiyur, it is possible, as mentioned above, to use the free services of a lawyer. But in order to be a member of the organization, an annual fee — which is very low and reasonable — must be paid.
Be smart
What is not acceptable is to be the eternal “My way or no way” person… someone who never agrees with, or trusts, any Va’ad. Every landlord is welcome to vote for — and BE VOTED as — the Va’ad.
