What counts as common property in an Israeli condominium?
Generally, the parts and systems not registered to one apartment and serving all or some owners are common property.
The lobby, stairs, roof, elevators, façade and shared infrastructure may be common property. The exact position depends on the condominium registration order, plan, registered bylaws and any areas legally attached to a particular unit.
Before allowing exclusive use, alterations or substantial expenditure, the condominium owners’ committee should obtain those registered documents. A long-standing custom or informal consent does not necessarily replace the approval required for the specific act.
For a material decision, three layers should be checked together: Israeli land law, the building’s registered bylaws and properly adopted prior resolutions. If the right or required majority is unclear, execution should pause until the documents receive a focused legal review.
Three points to check
- Condominium registration order
- Registered plan and bylaws
- Written owners’ resolution
Official and professional sources
- Land Registration and Settlement of Rights Authority — Israeli Ministry of Justice
- Israeli Ministry of Justice
These links are provided for further reading. Always check the authority’s website for the latest version and instructions.