(1) To determine that the refusing apartment owner is liable for damages against the other apartment owners in the same group who agree to the transaction, due to the damage caused to them as a result of the non-execution of the transaction;
(2) To approve the execution of the transaction and to appoint a lawyer or accountant, who is not an apartment owner in the cluster, who will be authorized, in accordance with the court's instructions, to enter into the transaction on behalf of the owner of the apartment who refuses."
- "Privileged majority among apartment owners" is defined in section 1 of the Evacuation and Construction Law as follows:
"A privileged majority of the apartment owners – the owners of apartments in the Evacuation and Reconstruction Cluster, who own at least two-thirds of all the apartments in the cluster, and also meet the following two:
(1) They own at least three-fifths of the apartments in each condominium in the same cluster, but in the case of a condominium that has only four or five apartments, they own at least three of the apartments in the condominium, and there are more than two apartment owners in the condominium;
(2) More than half of the common property in each condominium in the same cluster is adjacent to their apartments."
- Other Municipality Applications 3511/13 Regina Schwartzberger v. Shalom Marin (Nevo, July 24, 2014) (hereinafter: "the Schwartzberger Case"), the Honorable Justice Y. Danziger reviewed the Pinui-Binui Law and its purpose, stating that its purpose is to encourage urban renewal and "to enable the execution of Pinui-Binui transactions in which most apartment owners want in a condominium that encounter unreasonable opposition from one or more of the apartment owners" (paras. 14-15):
"The Evacuation & Reconstruction Law was enacted in 2006 with the aim of facilitating the evacuation of buildings in areas that have been declared evacuation and construction complexes. Its purpose is to encourage urban renewal in cities, and to help address the socio-economic need for more efficient utilization of land resources in Israel in order to deal with the problem of shrinking open spaces, as well as to assist in the treatment and rehabilitation of deteriorating urban areas. This is done by promoting new and more saturated construction, accompanied by the renewal of public infrastructures and open spaces [...]