Signing on TAMA 38 Project

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Question

In our building, a TAMA 38 demolition and construction project is being organized. A neighbor claims there is a halachic issue because the law states that with 66% signatures, the rest of the neighbors can be forced to participate in the project even if they do not want to, and the form of coercion is by suing them in court, with the plaintiffs being the other tenants who signed a power of attorney for a lawyer to sue on their behalf. Thus, he claims there are 2 halachic issues: 1. It involves turning to secular courts instead of a Beit Din. 2. It's a much more serious issue because according to Torah law, one cannot force anyone into a project, and it is considered actual theft, and if one person disagrees, the project should not be executed, and if so, turning to secular courts in my name to force the neighbor is actual theft. My question is what is the Torah's opinion, and is there a difference if 66% signed without me, so they can sue without me, and is there a difference if the neighbors are religious or secular, who in any case would not go to a Beit Din, [although if they knew a Beit Din would justify them, they would go...].

Answer

Hello,

Indeed, according to the law, it is forbidden to force a neighbor to build, even if the law follows the majority of tenants.

It is also forbidden to sign an approval if not everyone agrees, when your signature creates the required majority.

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