The Twito Family Apartment
- Plaintiffs 29-30, Mr. Risher Twito and Ms. Madlin Nava Twito, are the owners of apartment No. 5 at Katznelson 2, with an area of 110 square meters (hereinafter: the "Twito family"). An additional area of 24 square meters is attached to the apartment, in accordance with the approval of rights from the Israel Lands Authority dated October 21, 2013: "An area of 110 square meters In addition, there is an attachment of about 24 square meters in the corner of the northeast side of the garage or for any other purpose as he" The Twito family uses the attached space as a warehouse and rents it out to a third party.
- Against the background of the addition of the area to the Twito family's apartment, on December 17, 2018, the Twito family and the developer signed an "addendum to an evacuation construction agreement", in which they reached various agreements. It was agreed that the area of the consideration apartment that the Twito family would receive would be an addition of 10% of the area of the existing apartment (like the rest of the consideration apartments), which would include 6 rooms. It was also agreed, inter alia, that the consideration apartment would receive various additions in the kitchen (a hearing on September 28, 2023) and that the Twito family would be entitled to rent at the time of eviction in the sum of NIS 5,500 per month, while the rest of the apartment owners would be entitled to rent in the amount of NIS 4,000 per month. The difference in rent is due to the addition of space.
- To complete the picture, it should be noted that it was agreed that the developer would participate in the Twito family's share in the maintenance of the building for 5 years from the date of receiving the new apartment (as he also committed to the other apartment owners in the agreement).
The Itzkowitz Family Apartment
- Plaintiffs 1-2, Mr. Aharon Itzkowitz and Mrs. Ariella Itzkowitz, are the owners of Apartment No. 1 at 4 Katznelson, which has been used for years as a dental clinic (hereinafter: "the Itzkowitz Family"). On January 8, 2019, an "Addendum to the Evacuation Construction Agreement" was signed between the developer and the Itzkowitz family. It was agreed that since the Itzkowitz family's existing apartment serves as a dental clinic (and not a residential apartment), and will be demolished for the project, during the construction period the Itzkowitz family will not move to the new building that will be built on the supplementary land, but will be evacuated to any place it wishes, and for this it will be paid rent. After the building is built, the Itzkowitz family will return to the building located at 4 Katznelson and will receive a unit with a commercial purpose on the ground floor. The developer will adapt the consideration apartment at his own expense so that it will serve as a dental clinic, which will include, among other things, division into rooms using drywalls, a kitchenette, a reception station, adapted flooring, adapted electricity, etc. The developer will transport the contents of the existing clinic to the clinic to be rented, and from there back to the consideration apartment. The developer will bear the payment of an interior designer's salary for a meeting of no more than three hours. The Itzkowitz family will waive its right to parking according to the agreement.
Amidar's Apartment
- Amidar, the National Israel Housing Company (hereinafter: "Amidar"), owns apartment No. 11 at 4 Katznelson. Amidar is not one of the plaintiffs. Amidar signed an appendix of changes to the Pinui-Binui agreement on April 17, 2019, according to which the area of the apartment in consideration it will receive will be reduced (a 4-room apartment with an area of 85 square meters). In return, Amidar will receive a monetary payment from the developer in the amount of the difference between the value of the new apartment received and the value of the apartment to which Amidar was entitled under the agreement.
The apartment of the late Mrs. Elisaveta Hosh z"l
- Like the Itzkowitz family's apartment, the apartment of Mrs. Elisabetta Hosh (hereinafter: " Hosh") was also used as a dental clinic and not as a residential apartment. Therefore, the developer undertook that the contents of its clinic would be transferred in its entirety to the new building. In addition, to the extent that the clinic has been managed with all the necessary approvals for proper management, and to the extent that permits are received for the operation of a clinic in the new building that will be rehabilitated, the developer will act to record in the bylaws of the condominium order that there will be no impediment to operating a clinic in the new apartment. It was determined that the responsibility for handling the receipt of the permits rests with Ms. Hush.
- To complete the picture, it should be noted that on December 14, 2019, before the lawsuit was filed, Ms. Hush passed away.
The parties' arguments