The Launch and Problematic Actions Taken by Ms. Or in Relation to the Group Members
- After Group 102 was closed, it took time for the first meeting of the membersof the H. This took place on May 29, 2014, during which three members were elected to the committee: Mr. Yehoshua Geva (plaintiff 52), an accountant by profession who also served as chairman of the committee; Mr. David Reznik (Plaintiff 47); and Mr. Yaron Vashdi, who worked for the Tax Authority (plaintiff 35) (hereinafter: the committee).
In the course of the discussion, the members of the group were given an overview of the planning status of the project, in which the close connection between the two lots was explained - Lot 104 on the one hand and Lot 102 on the other. The meeting was attended by Ms. Or and architect Erez Ella. It was noted that the intention was to promote a joint construction project with Group 104. It was further stated that the plan that would allow the planned construction had not yet been submitted to the local planning and building committee in Ramat Gan, and that it would be submitted on June 22, 2014 (see: Appendix 38 to the defendants' affidavits, page 522, chapter 2 of the minutes of the first meeting).
At this stage, the members of the group could get an estimate of how many members it had, since the vast majority of them were present at the meeting (see ibid., on page 525).
- In 2014, Ms. Or sold, without the defendants' involvement, and without their knowledge and consent, six conceptual units that had already been sold to existing group members (hereinafter: the Six Late Purchasers). As a result, 6 warning notes were registered in their names, as well as a warning note in respect of a mortgage in favor of Mizrahi Bank. When the defendants learned of this, they claimed that this action was contrary to the partnership agreement, which regulates the manner in which the existing class members will be able to sell their rights to third parties (see paragraph 14.3). Therefore, they began to work to de-register the warning notes.
- Another problematic action taken by Ms. Or was expressed in the demand that some of the members of the class pay in advance, earlier than stipulated in thewater agreement with them.
While most of the members of Group 102 paid the full consideration for the land component upon the signing of the sale agreement, the payment was split for a minority of them. Most of it was paid on the date of signing, and it was determined that the balance would be paid upon the signing of an agreement with the executing contractor, or the entry of a lending bank, whichever comes first.