MiAszende
Request a quotation 
This is a common question in many homeowners’ associations: “Is it legal to install a lock on a community elevator?”. In any community of owners, this concern is frequent and usually arises from recurring situations, such as residents wishing to limit elevator use to reduce expenses, or owners disagreeing with certain occupants (such as commercial premises or ground-floor units) using the service.
In any case, it is a relatively common measure in residential buildings, and therefore it is important to understand its scope and legal implications.
Is it legal to install a lock on a community elevator? Legal implications to consider
When is it legal to install a lock on a community elevator? The first thing to understand is that installing a key, card or any other access control system is not a decision that can be taken arbitrarily.
In fact, its implementation is regulated by the Spanish Horizontal Property Law and by current accessibility regulations, and must comply with a series of legal, administrative and coexistence requirements. The elevator is a common element of the building with a right of use for all owners, and its usage is protected by the Horizontal Property Law.
Legal requirements for installing a lock on a community elevator
Need for an agreement by the homeowners’ meeting: Installing a lock cannot be a unilateral decision by a neighbour, the president or the administrator. The measure must be approved by the Homeowners’ Meeting, recorded in the minutes and communicated to all owners.
Majority required depending on the type of limitation: According to the Horizontal Property Law, when determining whether it is legal to install a lock on a community elevator, the community must meet the required majorities depending on the level of impact.
If installing the lock does not deprive any neighbour of elevator use (for example, restricting access to a commercial unit that does not use the elevator), the measure may be approved by a simple majority of owners present or represented, in accordance with Article 17 of the HPL.
However, if the lock limits the use rights of any owner, it is considered a modification of the usage regime of a common element. In such cases, a qualified majority is required: three-fifths of all owners representing three-fifths of the participation quotas, according to Articles 17 and 18 of the HPL.
Right to equal use of common elements: Asking whether it is legal to install a lock on a community elevator means recognising that all owners have the right to normal use of common elements. Restricting access may violate this right unless justified and legally supported.
Mandatory universal accessibility: No measure limiting elevator use may prevent access for elderly people, individuals with reduced mobility or people with disabilities. Installing a lock or access system could create a barrier affecting their safe and autonomous movement. Therefore, any restriction must ensure universal accessibility.
Cases where limitation is allowed: There are situations in which installing a lock may be legal and acceptable, provided that the usage rights of all owners are respected. Examples include:
- Commercial premises with direct access to the street.
- Lower floors where the elevator does not stop.
- Annexed or independent properties without direct elevator access.
Legal risks due to discriminatory use: If a lock is installed and any neighbour is deprived of elevator use—even if contributing to its maintenance—the measure may be considered discriminatory. This may result in legal challenges, compensation claims, or rights-violation complaints.
Importance of legal advice: Before making any decision, it is advisable to assess whether installing a lock on a community elevator is legal in your case. Professional legal advice can help determine whether your intended action complies with current regulations.
Possible disputes or complaints: Even if legally permissible, installing a lock may generate conflicts among neighbours. It is therefore advisable to seek technical alternatives before applying direct restrictions.
What happens if a lock is installed without complying with regulations?
When the regulations are not respected, the community may face sanctions. The most common ones are the following:
- Challenge of the agreement at the homeowners’ meeting. A judge may ultimately annul the measure due to a lack of justification or because it was approved without the majority required by law.
- Issues with the community insurance policy. If the regulations are not respected, the community may face sanctions, including:
- Issues with the community insurance policy. Some insurance policies may not cover accidents resulting from the unlawful restricted use of the elevator. The same applies to reports involving systems that have been tampered with without technical authorization.
- Claims from affected neighbours. These are common and affect owners who, despite contributing to the maintenance of the elevator, see their right of use limited. They may claim compensation, request a refund of fees, or take the matter to court.
- Internal tensions within the community arising from the installation of the lock.
- Need to amend the community bylaws.
Installing a lock on an elevator is legal, but only under certain conditions.
In conclusion, installing a lock on a community elevator can be legal, but only under specific conditions. The measure must be properly approved by the homeowners’ meeting, must not deprive any resident of their right of use, must always respect universal accessibility regulations, and should be carried out with the guidance of specialised companies such as Aszende, which offer solutions adapted to current regulations and to the technical needs of the elevator, ensuring safety, legality and harmonious coexistence within the community.
We can help you
Would you like to know more about our products, services and vertical mobility solutions?
Do not hesitate and contact us without any obligation using this form and we will contact you as soon as possible.
If you want to know more about the treatment of your data, please visit our privacy policy.
