In the Kletzuk case, it was noted that the protection of property is what the Real Estate Law has generally adopted. However, based on the judgment given by the Honorable Justice M. Cheshin in Civil Appeal 7112/93 Zodler v. Yosef, IsrSC 48(5) 550 (1994) (hereinafter: "the Zudler case"), the Honorable Justice Cohen clarified that with regard to the rights of apartment owners in common property, there is a bite to do with the protection of property and a move in the direction of the protection of liability. I will note that in the Zuedler case, to which the court referred in the Kletzuk case, the possibility of adding new apartments in connection with the reconstruction, in accordance with the provisions of section 60 of the Real Estate Law, of a house that was demolished was discussed. The addition of such apartments was sufficient to lead to the dilution of the share of the current owners in the common property. In analyzing the system of rights between the apartment owners in the condominium, with regard to the construction of a condominium that was demolished, in accordance with section 60 of the Land Law, the Honorable Justice Cheshin, at p. 562, held that:
".... A person who purchases an apartment in a condominium - the same applies to one who owns an apartment in a condominium in another way - is inferred that he has agreed in advance to relinquish part of the proprietary autonomy acquired to him, and as if he has granted some of his rights to the ongoing and permanent cooperative framework. We have spoken in the language of a waiver, but in fact the waiver is built into the normative framework of the condominium, as a proprietary restriction from the essence of the law."
The Honorable Justice Cheshin also held in the Zudler case that in section 60 of the Real Estate Law, the legislature expressed its opinion that the arrangement that will apply under this section will not be derived from the right of property in its classical scope, but that in the framework of the arrangement the stage was given to considerations for the buyer. To this, I will add that similar to this arrangement, with regard to the rights of apartment owners in the common property, the Land Law has applied a number of additional arrangements that erode the classic property protection, from which it follows that, indeed, the property right of an apartment owner in the common property is indeed a weakened property right (see, for example, the arrangement that applies to the installation of an elevator in a condominium, the installation of a solar water heater, a building addition under section 71A, and the like).