2023-11-25 18:00:08
Decisions within the framework of communities of owners can be complex and become a source of many conflicts. Precisely one of the aspects that usually generate the most controversy is the installation of elevators in communities owners.
There are many people who wonder when it is mandatory to install an elevator and, therefore, when it is inevitable to invest in this device, with the high cost that this entails. Also when an agreement reached by the community in this regard can affect us and force us to assume part of the expense despite having voted against.
When is it mandatory to install an elevator in a neighborhood community?
There are certain cases in which the put an elevator in a neighborhood community. Specifically, article 10 of the Horizontal Property Law (LPH) tells us that they will be mandatory (and will not require prior agreement from the owners’ meeting):
The works and actions that are necessary to guarantee reasonable adjustments in terms of universal accessibility Those required at the request of the owners in whose home or premises they live, work or provide voluntary services people with disabilities or people over 70 years of age
The objective is to ensure these people use of the common elements appropriate to their needs, something that involves both the elevator installationas well as ramps and other mechanical and electronic devices that favor orientation or communication with the outside.
For this installation to be mandatory, the amount passed on annually, once subsidies or public aid has been deducted, must not exceed 12 ordinary monthly payments of common expenses. Otherwise, the decision will have to be submitted to the owners’ meeting.
In any case, these works will no longer be mandatory due to the fact that the rest of their cost will be assumed by those who have requested them. Therefore, if the applicant person or persons decide to assume the remaining price, agreement by the owners’ meeting will still not be necessary.
It will also be mandatory to carry out these works when the public aid to which the community can have access reaches 75% of its amount.
Can they force me to put in an elevator?
The answer to this question is affirmative in the aforementioned cases (mainly, if it is requested by people over 70 years of age or disabled residents of the community).
Likewise, the works and works that “are necessary for the adequate maintenance and compliance with the duty of conservation of the property (…)” will be mandatory, without the need for community agreement, including “those necessary to satisfy the basic requirements for safety, habitability and universal accessibility (…)”.
When is it not mandatory to install an elevator?
In general, It will not be mandatory to install an elevator in any case that is outside the cases that we have just described. Therefore, if there is no request from any neighbor over 70 years of age or with a disability, the agreement of the board will be necessary to proceed with this type of reform.
The aforementioned financial limits must also be taken into account: the work will not be automatically obligatory if its amount doubles that of the fee paid throughout the year (12 months), once the subsidies obtained have been subtracted. The elevator will become mandatory if there is a favorable agreement from the board.
Can I refuse to put in an elevator?
You can refuse, but in certain cases it will be of no use, since the mandatory installation of the elevator will prevail for accessibility reasons. In cases where the elevator is not mandatory, you can vote against it.
What buildings must have an elevator?
These are the buildings that have to have an elevator:
Those that, due to the date of construction, are required to have the installation of an elevatorThose in which people reside over 70 years old or disabled who request itThose in which an agreement has been reached by the community of owners in favor of the installation of an elevator
It should be noted that installing an elevator is mandatory in any new construction. Specifically, the elevator is mandatory in new construction legally since last December 4, 2017, as a result of the Royal Legislative Decree 1/2013.
Voting on the installation of the elevator at the owners’ meeting
Beyond the mandatory assumptions, it is possible that a community agreement leads to the installation of an elevator on a voluntary basis. In these cases, the favorable vote of the majority of the owners is necessary, which, in turn, represents the majority of participation quotas.
This quorum requirement has been in force since a reform of the LPH that took place in 2013: previously the agreement of three-fifths was required of all fees and owners. Since then, article 10 LPH also provides In which cases will the installation of an elevator be mandatory?without the refusal of any owner causing any effect, given that it is a question of accessibility.
Keep in mind that, in the event of agreement and even if you have voted against, there will be no limit on the cost of the installation in the form of a bonus, as occurs in mandatory cases.
Specifically, “when agreements are validly adopted to carry out accessibility works, the community will be obliged to pay the expenses, even when the amount passed on annually exceeds 12 ordinary monthly payments of common expenses” (article 17.2 LPH).
Who pays for the elevator in a neighborhood community?
In general, the cost of installing an elevator will be distributed based on the participation coefficient of each premises or home in the community of owners, unless otherwise established.
Furthermore, in those cases in which the installation is carried out compulsorily (and, therefore, without community agreement), the interested party or interested parties who have claimed the installation could assume a higher amount than the rest. This may be applied, specifically, when the cost of the work, discounting aid and subsidies, exceeds 12 ordinary monthly payments of common expenses.
It is also possible to agree that certain neighbors do not pay for an elevator, but do not use these new facilities either, something common among owners of premises or first floors.
Can I refuse to pay for the elevator if I voted against it?
It does not matter that you voted against the installation of an elevator: if the agreement has gone ahead, you will have to pay the corresponding fees.
Of course, keep in mind that you can propose to the board the possibility of renouncing its use so that the expense is distributed among the owners who do wish to install it. In these cases, the use of access keys to each floor or home is common to guarantee private access.
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