Advocate Ben-Ari stated that the handling of the purchase, construction and rental of the house, and in every other aspect concerning it, was all done by her spouse. According to her, naturally, she herself signed the mortgage, and it is part of their joint property, but The occupation of the property all along was his.
Referring to the construction offenses themselves, Ben-Ari argued that the deviations made were at the lowest threshold, and the policy of the local committee in Rosh HaAyin, which was even officially published, supports splits as is done in the property and routinely approves such requests. As for the allegations regarding the tender and the association, it emerged from Adv. Ben Ari’s comment that she did not sign the application to join the association at all, was never a member of it, and she did not even sign the documents attached to the tender.
In her response to the commissioner, Ben-Ari claimed that even before the changes that enabled the split were made in the area, her partner contacted the municipal officials and the local committee, clarified with them the possibility of the split, and the procedure required to obtain a permit. The works themselves, according to her version, did not begin until it was clarified to her spouse that an application for a permit for the split was expected to be approved shortly, and he was given instructions on the procedure for obtaining the permit. Accordingly and adjacent to it, an application was submitted by her spouse for a building permit for the said changes and an application for approval of the split as required.
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