An apartment owner rented the apartment for short-term using websites such as Airbnb and Booking, despite a stipulation in the bylaws of the condominium stating that the use of the apartments will be exclusively for residential purposes.
The Supervisor of the Condominiums held that the condominiums bylaws are an agreement between the parties and one who purchased an apartment after the registration of the condominium’s bylaws must be considered as agreeing to the condominium’s stipulatons. In this case, the owner of the apartment was aware of the condominium’s bylaws which explicitly stated that "the use of apartments will be solely for residential purposes and not even mixed use” before purchasing the apartment. The supervisor held that the apartment that has been used for short rentals should not be viewed as being used for "residential purposes," but rather for the purpose of a residential business or hotel and leisure business. Therefore, the owner of the apartment may not rent the apartment for short term rentals as it is contrary to the provisions of the condominium’s bylaws.
Published in Afik News 268 24.10.2018