When is there an obligation to pay for elevator improvement works?
When elevator improvement works are necessary, there is an obligation to pay for them.
How can a property owner be legally excluded from paying for the installation of an elevator?
By a unanimous agreement, established in writing, of the Board of Owners.
What happens if, in this situation, a neighbor does not agree to the exemption of another owner?
You can challenge the agreement.
How does the community of owners guarantee that the neighbor who does not pay of his own free will does not use the elevator?
There are numerous systems and blocking mechanisms for the use of these facilities: keys with a code, keys that go directly to the selected floor and prevent anyone who does not pay for their use.
What happens when the property of a "dissident" owner is put up for sale? What rights and obligations do the new owners have regarding the installation of the elevator?
The person who was the owner when the installments were due is not only responsible for paying the installments, but also the buyer of a flat who is not up to date with his payments, but, in this case, the liability only extends to the current annual payment at the time of purchase and the previous one. Beyond that, the
The buyer is not responsible. Naturally, the law does not prevent the seller and buyer from agreeing to deduct from the purchase price the amounts owed to the Community of Owners at the time of signing the deed.
Related posts:
- Grants for the installation of an elevator
- Is there an obligation to pay for the improvement of an elevator?
- Horizontal Property Law (LPH)
Source: Consumer Magazine
10 comments
Good night,
I find your website very interesting for resolving doubts about this type of installation.
In my building they are installing a hydraulic lift in one of the corners of the U that forms the landing surrounding the current staircase. They have placed the guides so that the pistons are attached to the façade that faces the house of one of the neighbours (whose door coincides right next to the lift), so that the door would be closer to the opposite side to the door of said neighbour (that is, closer to the stairwell); the problem arose when we saw (before its installation) that the exterior doors that they have brought open (coming out of the lift) towards the neighbour's door (separated approximately 40 cm from the neighbour's door with the lift door once opened at 90º); in this case the neighbours of said letter have complained and demand that the exterior doors of said lift open towards the side of the stairwell (that is, that the hinge of said door is placed as far away as possible from the neighbour's door and not as is currently planned). The problem is that the installation company now tells us that it was designed in this way to facilitate the evacuation of the neighbours and because of what is stated in the EN 81.2 Regulation (art. 7.5.2 and Art. 8.7.2), however two of the neighbours say that if the door opens in the direction towards their door (instead of towards the stairwell) they will report the installation of said lift… , my questions are:
1) Can the door be opened towards the stairwell without violating the regulations?
2) Is it likely that the installation company will tell us this so that we DO NOT have to make new doors that open in the opposite direction to the one they came in?
3) What does the industry have to say about this aspect?
4) Can you send me the articles I mentioned from the EN 81.2 standard, which I have NOT been able to find on the Internet for free?
Thank you for everything. I look forward to your response, which is urgently needed due to its importance.
Greetings from
Roberto
Good morning Roberto,
Sorry for the delay in the response.
The situation you describe is quite particular and difficult to assess from this perspective.
Regarding the points that the lift operator has indicated, he has indicated articles 7.5.2 and 8.7.2 (we cannot send them to you as the use of the regulations is restricted by regulations) of the lift regulations. These articles refer to the fact that the use of doors must always be ensured to reduce to a minimum the risk that a person may be hit by a door leaf, for which reason the lift operator will have contemplated all possible risk situations and will have chosen to open the doors towards the side where the door is the least critical point, as opening the door in another direction could cause the user who is on the stairs to be hit by the door and fall through it.
It is best to speak with the installation company and the users of the community to see what the best situation is to reduce the risks derived from the use of the elevators as much as possible, since in this type of rehabilitation installation where an elevator is to be installed, collaboration between the installation company and the users is required to be able to reach the best technical and economic solution for it.
We hope this answer helps you.
Greetings,
Good afternoon
I own a top floor apartment with 6 floors where we have a serious problem with the elevator. For three years there have been some faults with it, where people have been locked in on several occasions. In 2012 the increase in faults and breakdowns has multiplied by 10. Day in and day out the elevator is broken. Several elderly neighbors have already been locked in. Some of them had several scares, they came from the garage, the elevator stopped and then went up by itself to the 6th floor, not to mention the pale and dizzy faces of the neighbors who came to the rescue.
My wife, being pregnant, has had to go up and down 6 floors to go out and we have had the same problem going up with the baby's stroller, with a shopping cart, or simply when someone comes to visit and is forced to go up 6 floors.
We have proposed a solution to the problem at the next meeting. It could be repairing the machinery, modernising the lift as it is more than 25 years old, or replacing it with a new lift. Because everyday life is becoming impossible, fearing that something worse or a disaster will happen.
We have surveyed the neighbours and the majority say they will not change it. My question is can we change the lift even though 3/5 of the people are not in favour of changing it? Replacing it with a new one is essential as it is a common community element, it is not about aesthetics, decorating the entrance hall, painting the garage, etc.
Thank you so much.
Hello, I would like to ask you a question. As the owner of a business premises, I am having problems with the community as they want me to pay for the installation of an elevator that I am not going to use or enjoy as I do not even enter the community portal, and I am unsure as to whether I am required to make the payment by law. It is true that the majority of the neighbours agree, but it seems excessive to me that commercial premises have to put up with the whims of the neighbours. Some clarification on this matter would be very helpful. Thank you very much and congratulations on the page, which is very helpful.
My mother lives in a community of 43 apartments with three entrances. They have central services and the apartments are different in terms of square meters, so logically they pay by coefficient.
Now they have to replace an elevator with a new one in one of the other two entrances. How would the payment for this levy be? Also by coefficient or all the same?
Thank you, receive a greeting
First of all, from GMV Eurolift SA we want to thank you for having taken us into account when looking for a solution to your problem,
We have received your query, and as elevator manufacturers, we cannot help you, since in your case it is a legal problem and as such, we advise you to put yourself in the hands of an expert,
Without further ado, receive a cordial greeting,
Hello, in my community they installed an elevator with a key because there are neighbors who did not refuse the installation but do not use it. My question is, the community has gone from paying €20 to €300 for electricity costs. Do they want to increase the fees for said expense? What happens to the neighbors who do not use the elevator?
Good afternoon,
First of all, from GMV Eurolift SA we want to thank you for having taken us into account when looking for a solution to your problem,
We have received your query, and as elevator manufacturers, we cannot help you, since in your case it is a legal problem and as such, we advise you to put yourself in the hands of an expert,
Receive a cordial greeting,
Greetings,