DAMAGES TO OWNERS
What happens when the installation of an elevator harms a neighbor's property?
The good of the Community is above the good of an individual. However, the Community must compensate the neighbour for the space occupied, request several projects from different technicians and choose, by obligation, not the cheapest, but the one that least affects the affected neighbours. If any of the projects do not use the private surface of an owner, the community must by obligation choose said projects, whatever their cost.
What rights does the affected owner have?
He has the right to request various technical reports and to request additional projects himself, to demand that the one that is least damaging to his property be carried out, and not the most economical, and to demand compensation from the Community for the use of a part of his property.
DISSIDENT NEIGHBORS
What happens when a neighbor disagrees with the vote of the other owners and opposes the installation of an elevator?
The dissatisfied neighbor may express his or her disagreement to the Board of Owners in writing within a period of 30 calendar days, and subsequently, within a period of 3 months (from the adoption of the agreement) challenge it in court.
In which cases is it not possible to refuse to pay a proportional share of the work?
When physically disabled people or people with limited mobility and elderly people live in the building. In these cases, elderly people do not have to prove their condition, but their reduced mobility is only supported by their age.
PARTICIPATION FEE
How is the percentage that each owner must pay for the installation of an elevator distributed?
For the participation fee. Each owner, depending on the location of his/her home, has a participation fee, which does not eliminate the obligation to pay for the installation.
How is the participation quota of each owner established?
The fee is established based on the useful surface area of each floor or premises in relation to the total value of the property, in hundredths.
Related posts:
- Is there an obligation to pay for the improvement of an elevator?
- Grants for the installation of an elevator
- Horizontal Property Law (LPH)
Source: Consumer Magazine
15 comments
I would like to be informed about the topic of elevators in communities
Good morning Alfredo,
I would need you to specify your question a little more so I can help you.
In any case, you can consult the section NEIGHBORHOOD COMMUNITY on the blog, where you will find several articles related to the installation of elevators in communities.
Greetings!
Hello Alfredo,
The information we have on the subject of elevators in communities can be found in the same blog in the “Community of Neighbors” section. In this section you can read interesting articles that may be of help to you, and you will also find links that may also guide you in this regard.
Greetings,
Hello Mar,
I live in a building where the elevator is to be replaced. The current elevator works correctly, but there is a group of neighbors who want to make the change so that the elevator is larger and can reach the parking lot, since at the moment it does not reach. To make the change, the entrance also has to be remodeled. I would like to know if I am obliged to pay the fees (3000 euros per neighbor) and if the fee is identical for all neighbors or if the coefficient must be applied according to the floor where they live.
A vote was taken and it was approved, although I understand that floors 1 and ground floor have to give consent for the work. By the way, commercial premises have been excluded because according to the administrator they do not use the lift. Is this correct?
Greetings
In a community of owners in Madrid, some want to install an elevator and others don't. They say that it has to be a majority, there are people over 70 years old in the community. What regulations have to apply in order to be able to install it? I put the community in case regulations apply for each autonomous community.
All the best
Good morning Mercedes,
When people with physical disabilities, mobility limitations or elderly people live in a building, there is no possibility of refusing to install an elevator or refusing to pay a proportional share of the cost of the work.
On the other hand, if you have elderly people in your building, you can also choose to apply for a grant for the removal of architectural barriers and improved accessibility. A requirement to be met in the Community of Madrid to be eligible for this grant is that the building is more than 15 years old, but in the case of a person with a disability greater than or equal to 33% or a person aged 65 or older residing there, it is not necessary to meet this age requirement.
In the blog there is a section called “Community of neighbors” where you will find information that can surely help you:
• Remove architectural barriers
• Subsidies for the installation of an elevator
• Community of Madrid: Rehabilitation Plan
Greetings,
Hello, my parents are both over 86 years old.
They live in a community of owners (two staircases, 4 floors) where only the first floors, commercial premises and young people remain. The older people who lived on the second floor higher up have been forced to leave because they cannot access their homes.
Right now my mother needs a walker and help pushing her up the stairs.
Once again, the idea of installing two lifts has been raised, one for each staircase (there are two staircases with 4 premises, one of which is the POST OFFICE) and as the majority did not come out, we still do not have a lift.
My parents are considering looking for a space on the street so they can pay for it and leave the building because they don't want to leave the neighborhood.
My questions are:
1. Could the community be forced to install the elevators on the grounds of people with limited mobility, and how? The elevator would be detrimental to the premises, how can they be compensated?
2. If you find a commercial premises, what should we do to convert it into a home?
Thank you so much.
Good morning,
First of all, we would like to thank you for your interest in our company. We have read your query, and it concerns a legal issue, so our advice is that you should seek the advice of a lawyer in this regard.
GMV Eurolift, as manufacturers, can only inform you about the regulations governing this type of installation.
If you need a solution to a problem of this type, you can consult it in some of the previous comments on the blog or contact us, we will be happy to answer your question,
My question is, should a NIF be created for the elevator only and exclusively? In my community we don't have an elevator, and 60% of the people want one, and we also have a person over 70 years old.
Greetings, Rafael.
If the lift is installed on a back landing, which means that the inhabitants of some of the houses always have to go up or down a flight of stairs because the lift cannot stop on their landing and they are also over 70 years old, what can they demand from the Community? And, in the case of the first floor, which really doesn't care whether there is a lift or not because, even if they are over 70, it doesn't let them on their landing?
Good afternoon, I am not very clear about the participation fee. Do those with larger apartments pay more or do those who live in apartments on upper floors pay more in relation to those on lower floors? Those on the ground floor, as they do not use the elevator, are also obliged to pay and, if so, would they pay less than those on upper floors? Thank you.