Tenants in an apartment building have used their apartment as a synagogue and community center, allegedly, in contradiction to the rules of the condominium regulations.
The Court held, the condominium regulations is, for the owners of the apartments, as a kind of constitution, imposes its authority on the apartments owners. Provisions of the condominium regulations applies to all those who have apartments at the time it was registered in the Land Registry and it is also applies to anyone who became an apartment owner after the registration. Violation of the condominium regulations by one of the apartment’s owner regarding the use of the apartment, setting up an independent claim of action for another apartment owner in the building.
In the present case, it was proven the apartment was used as a synagogue, which exceeds the use of conventional residential apartments, and in contrary to the regulations of the condominium determining that the apartments will not be used for the purposes of running a business, "including kindergarten, a synagogue or a meeting place of any kind ". Therefore, the Court granted an injunction prohibiting the defendants to use the apartment as a synagogue