Question:

The owner of a basement (machson) converted it to an apartment which is roughly 70-80 square meters, nearly the size of the regular apartment in our building. The residents have several young children too. It’s not just a tiny “yachida” apartment of 20-25 square meters. The owner didn’t connect the stairwell lights of the building to his floor.
The resident refuses to pay vaad bayis. He claims the cleaner man can’t clean his stairs properly. Also, the resident has to pay for his own light and electricity on his floor of the stair well.
The Vaad Bayis thinks that his owner is obligated to connect the electricity to the stairwell lights. If the resident doesn’t want the stairs cleaned, he may pay Vaad Bayis 10 shekels less (the amount the cleaner man wanted to take for cleaning the additional floor).
The Vaad Bayis pays for many other expenses which the basement apartment resident gets benefit from. He and/or his children use the courtyard, main entrance and parking lot entrance. He has a business and his customers use the main entrance and parking lot entrance. The main entrance, parking lot entrance, and stair well are cleaned once a week. The parking lot is cleaned once a week. The sewage pipe was blocked and needed a plumber. The roof was re-tarred. The fence around the courtyard was soldered and fixed so that it should be safe for the children who are playing there.
The resident uses the area under the stairwell as if it was his own space exclusively (normally it is used for bicycles and baby carriages of the residents of the building). Also, he wants to use the machson tzibori of the building.
1) Is he entirely exempt from paying vaad bayis?
2) Wasn’t the machson tzibori designated for the residential apartments in the building and not for other machsonim in the building?

Answer:

It is impossible to pasken w/o hearing his side but if correct he would have to pay and just get off for what he saves you. I don’t see any reason to make him connect to the electricity just maybe if he gets no benefit at all from it he wld have an exemption but prob he uses it in other places and so he’ll have to pay anyway

Also your argument about the machsan seems correct

You can look in the Umko dedeno vol 4 where many of these issues are discussed. Also the sefer ועד בית בהלכה  which was written by one of our avreichim

 

Tags: vaad bayit

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