The defendant's argument regarding the effect of amending its bylaws on the hearing of the matter should also be rejected, given that its new bylaws were approved only on August 21, 2025, more than two years after the filing of the claim in civil case 49421-05-23, [Nevo] and it is clear to me that it cannot have retroactive application in the matter, and when the alleged administrative defects must be examined, against the background of the situation at the time the defendant should have made a decision on the application. It should be said, without setting any conclusions on the matter, that questions may arise even with regard to the content and reasonableness of any of the new provisions of the Regulations, certainly when the litigation between the parties was in the background of the amendment of the Regulations, but in my opinion, there is no need to address the arguments of the parties on this level on their merits, in view of the conclusion that the provisions of the amended Regulations do not apply in our case.
An issue that is not simple is the issue of the relief that must be extended to the plaintiffs upon receipt of their claims - The simple and natural remedy in situations where a decision is not made by the authority, or the relevant body, when they should have made a decision, is to return the matter to the body or authority for the purpose of making a decision on the matter, in a limited time, and on the basis of the relevant criteria. However, in our case, taking into account the considerable time that has passed without the applications being discussed; In the absence of any intention to discuss, taking into account the misleading in the defendant's responses to the plaintiffs' and their counsel's inquiries, and in view of the following with regard to the plaintiffs' claim regarding the defendant's consideration of extraneous considerations; When, as stated, no reason arose in the defendant's arguments that might disqualify any of the plaintiffs from membership in the association; In the absence of any criteria for membership in an association other than the applicant to join "... Eligible to be a member of an association according to the law..." - and when no evidence or claims of non-compliance with the aforementioned criterion were presented to the court, I am of the opinion that, in an exceptional manner, it is appropriate to give the plaintiffs the full personal relief requested in their claim - Ordering their acceptance as members of the association (subject to payment of membership fees, of course).