Question:      I bought an apartment in a building which has a row of stores on the ground floor. I am very disturbed by the fact that the beautiful bank which appeared in the contractor’s scale model may become a noisy fast food restaurant, or worse.

Will the store owners have to consider the neighbors’ and building representatives’ opinions concerning the potential stores? From the aspect of the neighbors’ ability to intervene in the matter, is there a difference between a store sold to a private person by the contractor and a store rented out by the contractor?

Likewise, are the storeowners on the ground floor of the building responsible to pay the monthly house dues and maintenance fees (Vaad Bayit) according to their relative size?

Answer: You can limit the contractor’s usage of the stores only before you have signed a purchase contract with the contractor. Clauses in the contract limiting the contractor’s use of the stores will obligate the contractor concerning store properties which have not yet been sold. This is the only way to place any limit on the use of the stores. The clause should limit the contractor in regard to both sales and rentals of the stores. At any rate, the ability of the contractor to control the use of the stores is greater with a rented store.

Store owners in an apartment building are obligated to pay house dues and maintenance payments for common areas, as does every apartment owner in the building.

In general, payment of house dues and maintenance fees do not depend on actual use of the common areas and property. Rather, the obligation falls on all owners of units in the building, equally.

Advocate Daniel Malka

In name of the Aguda L’Tarbut HaDiur – Home Beautification Society