Question 1

What is the building committee (vaad bayit) and what are its powers?

Accepted Answer

The building committee (vaad bayit) is the governing body of a multi-unit residential building. Established under the Land Law (Houses in Common Ownership chapter), it is elected by the apartment owners and is responsible for managing and maintaining the common areas — the entrance, stairwell, roof, garden, elevator, and external walls. It can levy maintenance fees (dme vaad), make decisions about common property, and sue or be sued on behalf of the building.

Question 2

Am I required to pay building committee fees (dme vaad)?

Accepted Answer

Yes. Every apartment owner is obligated to contribute to the building's maintenance costs in proportion to their share. The building committee determines the annual or monthly fee. An owner who refuses to pay can be sued by the committee for the arrears plus interest and legal costs, through the Apartment Buildings Registrar or in the Magistrates Court.

Question 3

Can I challenge a building committee decision?

Accepted Answer

Yes. Decisions of the building committee — including fee levels, approved works, and rule changes — can be challenged before the Apartment Buildings Registrar (Rash'am Batim Meshutatim). The Registrar can overturn decisions that were made in violation of the building's regulations, contrary to the majority required, or in breach of the law. Adv. Elmaliach represents both owners and committees in these disputes.

Question 4

What can I do if the building committee is not maintaining the building properly?

Accepted Answer

An owner can apply to the Apartment Buildings Registrar to appoint a substitute committee or order the committee to carry out specific maintenance works. The Registrar has broad powers to intervene where the committee is failing in its duties. The application can also seek reimbursement of costs the owner incurred due to the committee's neglect.

Question 5

Can the building committee make rules about parking, pets, or noise?

Accepted Answer

Yes. The building committee can adopt a set of by-laws (takanonim) that govern use of the common areas and impose reasonable restrictions on apartment owners — including rules about parking, noise hours, waste disposal, and pets in common areas. By-laws adopted by the required majority (usually two-thirds) are binding on all owners, including those who voted against.

Question 6

What is the quorum and majority required for building committee decisions?

Accepted Answer

The required quorum and majority depend on the type of decision. Ordinary maintenance decisions require a simple majority of those present at a properly convened meeting. Significant structural changes or alterations to the building's character typically require a two-thirds majority. Changes to the allocation of rights in common property require unanimous consent.

Building Committee (Vaad Bayit) — Rights & Disputes

The Building Committee — Legal Framework

Frequently Asked Questions

Building Committee Dispute?