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Professional Advice

Pregunte al Administrador: Expropiacion de vivienda para hacer ascensor

Good morning. I live in a building of fourteen neighbours, in which the work of installation of the elevator requires to take part of the hall of the floors on the left side, which are the smallest indeed. I want to know if they can force us to do the work if any of the owners refuse.

Juanjo Y.

Administrator: Juan L.

finca antiguaGood morning. The law of Horizontal property states in its article 17.2 that “the realization of new common services whose purpose is the removal of architectural barriers that hinder access or mobility of persons with disabilities and, in any case, the establishment of the lift services, even when they involve the modification of the constitution title, or statutes shall require the favourable vote of the majority of the owners, who, at the same time represent the majority of participation fees. Where agreements are validly taken for carrying out works of accessibility, community will be bound to the payment of expenses, even when impacted annually amount exceeds twelve ordinary monthly payments of common costs”. Here, not finding another solution, the owners of the affected properties can be obliged to accept, with the relevant compensation, always with the approval of the right number of owners, without that is required the consent of the owner directly affected and that the injury does not pose a substantial loss of habitability and functionality of your home.

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