| Central-Lod District Court |
| Civil Case 8002-02-22 Israel v. Tinco Ltd. et al.
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| Before | The Honorable Judge Guy Shani
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The Plaintiff |
Yaakov Yakir Israel By Attorney Uri Ben Yohana and Yuval Magaziner |
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Against
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| The Defendants | 1. Tinco Ltd.
By Adv. Oron Ginzler 2. Hannah Felice (formal) 3. Ephraim Ezekiel (formal) By Attorney Eli Gur |
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Judgment
- The plaintiff entered into an agreement with defendants 2-3 regarding the purchase of their rights in an apartment in a condominium, known as"The Seasons Hotel". The bylaws regulating the management of the condominium subject transactions of this type to the approval of defendant 1 (the management company). The latter refuses to rely on the sale transaction. Hence the claim before me, in which the plaintiff petitions to declare that he is entitled to be registered as the owner of the rights in the apartment, and to instruct defendant 1 to perform the necessary actions in order to complete the registration.
Background
- "Hotel Seasons" It is a condominium in the city of Netanya (hereinafter: The Hotel). The hotel was opened in 1969 and features 125 sub-units, most of them "Paul Apartments" The Rentals Vacation for hotel guests, and some of them "Non-Pool Apartments" used for permanent residence. Defendant 1 (hereinafter: The Defendant) Founded in 1965 by foreign residents with the aim of establishing the hotel and selling the units. For many years the defendant has also been managing the hotel. The owners of the sub-units in the hotel are also the shareholders in the defendant.
- The hotel is run according to agreed terms and conditions In English (Appendix 2 to the plaintiff's affidavit; hereinafter: Terms of Use). The bylaws regulate, inter alia, The rules relating to the sale or Transfer of the rights of apartment owners to third parties. Thus, About-Phi Section Provisions XVII For the bylaws, an apartment owner who is interested in selling his rights Required Deliver About this Notice to the Defendant, and the latter is required to be notified within 30 days The Her position Regarding Confirmation of Transfer of Rights. Insofar as the defendant chooses to prevent the transaction, it must acquire the rights on its own within an additional 30 days, Under the same conditions (i.e., this is a right of first refusal). The following is the full text of the section XVII, in Hebrew translation:
XVII. Apartment Transactions