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Is the installation of an elevator mandatory in my community if requested only by an owner?

Jul 17, 2020 | Last news

In the not too distant future, it is very likely that nobody will ask this question since all buildings and new constructions will have an elevator. Currently, the situation is different, since there are still many homes, most of them older, that do not have an elevator, making it difficult for their owners, especially for those neighbors of a certain age or with some mobility problem.

In which situations is it mandatory to install an elevator?

  • When an ordinary vote is carried out by the community of owners and this comes out favorably by the majority of the owners, thus representing the majority of the participation quotas.
  • When requested by an owner in whose home volunteers, persons with disabilities or over 70 years of age live, work or provide volunteer services.

What requirement must be met for installation if requested by an owner?

The expenses of the installation work of the elevator that each owner has to pay (spill) MUST NOT EXCEED 12 monthly installments of ordinary expenses.

What happens if the cost of the works to be passed exceeds twelve monthly payments?

  • If the majority of the building’s owners (more than 50%), who in turn represent the majority of the participation quotas, approve the installation of the elevator, all the owners will be obliged to pay for the installation of the elevator, whatever your budget.
  • If the Community rejects the request of the owner (disabled or over 70 years old) to install the elevator because the amount that each neighbor has to pay is more than 12 months of common expenses, THE EXECUTION OF THE WORKS WILL ALSO BE MANDATORY, if the Applicant owner assumes the difference of the cost of the elevator installation personally.
  • If the Community rejects the owner’s request because the amount that each community member has to pay is more than 12 monthly payments and the interested owner does not want or can assume the difference in the cost of the works, the installation of the elevator, WILL NOT HAVE AN IMPERATIVE CHARACTER and therefore it cannot be carried out.
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