A tenant’s room in the second floor of a condominium was converted into a gym, despite the position of some of the tenants who lives next door.
The Land Registry Supervisor accepted the claim and held that the use of the tenants' room as a gym will be ceased. A contract that required the consent of a third party or a license under law, creates the assumption that receiving the consent or license is a condition precedent. The owner of an apartment in a condominium has a veto right to the decision of the general meeting, inter alia when such decision harms and changes its rights. Converting a tenant's room into a gym requires a permit. Here, the tenant's room was converted into a gym in a decision accepted by the majority of the apartment owners, but without a proper building permit being sought. Therefore, in the absence of a building permit, the decision of the general meeting of the tenants was not perfected and is not binding. In addition, the decision to establish a gym next to residential apartments substantially harms the rights of the owners of the adjacent apartments, due to the intensity of the annoyances (such as noise and dirt) and there is a legal right to object to this. Therefore, the condominium representative and the tenants are prohibited from using the tenants' room as a gym.