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Can I be required to pay for an elevator? This is one of the most common questions when a homeowners’ association considers installing an elevator or modernizing an existing one. The answer is not always the same, as it depends on the reason for the work, the agreement adopted by the homeowners’ association, and the provisions of current legislation.
Understanding these differences makes it easier to determine when a property owner is required to cover part of the cost.
In what situations can an elevator be installed or renovated?
One of the most common scenarios is improving building accessibility when a person with reduced mobility or an elderly person lives there. In these cases, regulations provide special protection for the right to accessibility, meaning that certain works may become mandatory.
It is also common for residents to decide to install an elevator to increase the value of the building and improve the quality of life of those who live there. In other cases, the work involves modernizing an old elevator by replacing the motor, control panel, or safety systems to bring it into compliance with regulations and improve its energy efficiency.
In any of these cases, it is reasonable to ask whether I can be required to pay for an elevator, as the answer will depend on the reason for the work and the applicable legal framework.
The Horizontal Property Law sets out the rules
To determine whether you can be required to pay for an elevator, you should refer primarily to Articles 10 and 17 of the Horizontal Property Law (LPH). The answer depends on whether the installation is necessary to ensure accessibility or whether it is a voluntary improvement agreed upon by the homeowners’ association.
When the elevator is necessary for accessibility reasons
The LPH establishes that certain accessibility works are mandatory when a person with a disability or over the age of 70 lives, works, or provides voluntary services in the property or premises, provided that the financial requirements established by law are met.
Among the measures that may be necessary are the installation of an elevator or other devices designed to overcome architectural barriers.
In these cases, the law establishes that, once public grants and subsidies have been deducted, the annual cost of the works must not exceed the equivalent of 12 ordinary monthly common expense payments for this mandatory requirement to apply.
When the homeowners’ association approves the installation of an elevator
Article 17.2 of the LPH specifically covers the establishment of an elevator service. Approval requires a favorable vote from the majority of property owners, who must also represent the majority of the participation quotas.
Once approved by this majority, the agreement is binding on all property owners, including those who voted against it. Furthermore, in this case, the obligation to contribute to the cost does not disappear simply because the assessment exceeds the equivalent of 12 monthly payments.
Therefore, living on the ground floor, owning commercial premises with an independent entrance, or rarely using the elevator does not automatically exempt a property owner from paying.
When the elevator is considered an improvement
The situation changes when there is no accessibility requirement and the homeowners’ association intends to carry out work that may be considered a non-essential improvement.
The Horizontal Property Law establishes that, if the cost of installing this improvement exceeds the equivalent of three ordinary monthly common expense payments, a property owner who voted against it will not be required to cover the cost, provided that the requirements of this provision are met.
Therefore, before determining whether a property owner has to pay for an elevator, it is necessary to establish the purpose of the work, the agreement adopted by the homeowners’ association, and the applicable rules regarding voting majorities and expenses under the LPH.
How are the costs shared?
As a general rule, the costs of common elements are distributed according to the participation quota assigned to each property or commercial premises in the horizontal division deed, unless the bylaws or a valid agreement establish a different distribution system.
This means that a property owner may be required to contribute even if they rarely use the elevator. The obligation arises from their co-ownership of a common element rather than from how often they use it.
For this reason, many people ask: can I be required to pay for an elevator even if I never use it? In most cases, the answer will depend on the applicable regulations and the agreements adopted by the homeowners’ association, rather than on how frequently it is used.
The most common disputes between property owners
- Ground-floor residents
One of the most common arguments is: “I live on the first floor and hardly ever use the elevator.”
However, individual use does not determine who has to pay. What matters is whether the elevator forms part of the building’s common elements and whether the work has been approved in accordance with the law.
- Owners of commercial premises
Owners of commercial premises often have the same question: can I be required to pay for an elevator if the premises have direct access from the street and I do not use the building entrance?
In some buildings, the bylaws provide exemptions from certain common expenses. However, this is not generally the case, and each situation must be assessed individually.
- Property owners who voted against
Another common situation concerns those who voted against the work and believe that this decision should exempt them from payment.
However, when the agreement has been approved in accordance with the majorities required by the Horizontal Property Law, voting against it does not automatically eliminate the financial obligation.
- Property owners absent from the meeting
Not attending the meeting does not prevent the consequences of an agreement approved in accordance with the law. Although property owners have mechanisms to challenge certain decisions where appropriate, this does not mean that they are automatically exempt from the financial obligations arising from the work.
- High special assessments
High special assessments can become the main source of conflict within a homeowners’ association. When the investment exceeds what some residents had budgeted for, determining whether they can be required to pay for an elevator becomes particularly important.
- New installation or modernization: are there any differences?
When the work is required for accessibility reasons, the homeowners’ association may be legally obliged to carry it out if the requirements established by regulations are met. However, when the purpose is to improve comfort, upgrade an old system, or increase the value of the property, the conditions for approving the work may differ.
For this reason, before determining whether I can be required to pay for an elevator, it is important to identify the actual purpose of the work.
- Disagreement over the budget
Another common source of conflict arises when some property owners believe that the homeowners’ association has chosen a more expensive company than other available alternatives.
These differences can be discussed during the homeowners’ meeting by comparing quotes and analyzing the various technical proposals. However, once the work has been approved in accordance with the law, the financial obligations generally remain in place.
- Do all property owners pay the same amount?
Although the general rule is to distribute costs according to the participation quota, the homeowners’ association bylaws or certain validly adopted agreements may establish exceptions.
- Lack of information prior to the vote
Decisions related to this type of installation should be made with all the available technical and financial information. Requesting several quotes, understanding the scope of the work, and obtaining specialist reports help to make more informed decisions and reduce the likelihood of subsequent disputes between residents.
Having this information also makes it possible to determine whether I can be required to pay for an elevator before the homeowners’ association approves the work.
- What happens if a property owner stops paying?
Sometimes, some property owners stop paying special assessments because they believe they should not have to bear the cost.
However, when the financial obligation arises from a valid agreement and complies with the applicable regulations, the homeowners’ association may take the necessary legal action to claim any outstanding amounts.
- Conflicts between actual use and the obligation to pay
The obligation to contribute to common expenses does not depend on individual use, but rather on the provisions of the Horizontal Property Law, the homeowners’ association bylaws, and the agreements adopted at the meeting.
Therefore, determining whether I can be required to pay for an elevator requires an analysis of the specific circumstances of each homeowners’ association and the legal basis supporting the work.
Each case must be assessed individually
Determining whether I can be required to pay for an elevator involves analyzing the reason for the work, the agreement approved by the homeowners’ association, the Horizontal Property Law, the building’s bylaws, and the characteristics of each property.
Before starting an installation or modernization project, it is advisable to carry out a technical study to assess the feasibility of the project and determine the most suitable solution for the homeowners’ association.
Specialist companies such as Aszende can support property owners throughout this process, providing technical advice and helping them choose the option that best meets the building’s needs from a functional, financial, and regulatory perspective.
With all this information, it will be easier to determine whether I can be required to pay for an elevator and to make decisions based on technical criteria and current regulations.
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