Repair of a Pipe in a Shared Building
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Question
Hello, The story: There was a significant hole in the pipeline in our building due to wear/rust. The repair by a plumber and replacement of all old parts cost 1,300 shekels. Details and explanation: The building has 3 floors and 3 residents per floor. The meters are located in 3 places: 3 meters together on the southwest side of the building for the 3 apartments in this part. 3 meters together on the northwest side of the building for the 3 apartments in this part. 3 meters together on the east side of the building for the 3 apartments in this part. The fault was in the pipe leading water to the meters on the southwest side, right at the connections between these meters. Question A Who should participate in the repair, distribution among all residents or only among the 3 residents on this side of the building? Question B Does an apartment divided into 2 units change the method of distribution? Thank you very much
Answer
Hello
A.
According to Halacha, only the residents who use this pipe are required to participate in the repair. That is, the residents on the southwest side.
However, according to the law, any repair of the building's pipeline requires the participation of all residents.
Certainly, Halacha takes precedence over the law, but there are buildings where the residents agree in advance that all obligations will be according to the law, and then the condition is binding.
B.
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita, a 'housing unit' - up to 50 square meters, pays only 50% of a regular apartment owner. Therefore, if it is a divided apartment and the size of each unit is less than this area, they share the cost of one apartment. But if the size of each of the two apartments is more than 50 square meters, each of them pays as a regular apartment owner.
Source
According to the instructions of the Gaon, Rabbi Avraham Fried, shlita
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