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August 2014

Pregunte al Administrador: Gastos de ascensor

Jordi Palat

I am owner of a flat in a building of five floors of old construction in Girona.  Finally, we have elevator.  However, now the owners of the groundfloors, refuse to contribute to the costs of this new element.  It is true that the lift will be used by the dwellings of other floors, but are they legal to say not to include them in this expenditure?

Thank you in advance

Administrator; Juan López

If the installation of the lift is a reality,  there has been an agreement on board backed the legal quorum (though simple majority for the rest of the territory, after the law 8/2013) which requires total majority in the CC CAT., and that the location of the same does not affect any neighbor with respect to housing settings. Article 9.2 of the LPH is very strong and has simplified many disputes, establishing that the non-use of a service does not exempt from the payment of the corresponding expenditure.   It is not the use that will make each owner of the common service, but the fact of having this service to use it when you want to.

While it is true that a community of neighbors must find a model of efficient and friendly management.  I don’t know if you have been advised before investing, in terms of the grants available in your autonomous community.  Management commitment and good work, does not usually generate conflicts, and less even when what is happening in your building is that have achieved progress. Notice that the jurisprudence also advanced by putting in place the crieterio that the lift is not an ornament, but a necessary element for the proper habitability of the house and its installation removes architectural barriers.