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As we’ve seen in previous publications, the costs of elevator maintenance vary for commercial premises. However, do ground floor units in a residential building follow the same rules, or are they subject to different treatment?
Ground floor units, by definition, are the homes located at street level and usually do not require the use of elevators to access the property. This situation often leads homeowners to question whether they are truly obliged to bear the elevator maintenance costs—a service that, in most communities, represents a significant part of the annual budget.
Based on Law 49/1960 of July 21 on Horizontal Property (LPH), Article 9 establishes that all property owners must contribute to common expenses in proportion to their share. However, while this obligation is the general rule, there are exceptions that can apply in specific situations. In other words, it is not an automatic or easily achieved exemption: certain conditions must be met and, in many cases, it requires community approval and that the exception is expressly stated in the bylaws.
Factors that determine whether ground floor owners contribute to elevator maintenance
Specific bylaws that expressly exempt ground floors from payment
One of the key factors determining whether ground floor units must contribute to elevator maintenance is the existence of specific clauses in the community bylaws. If these bylaws clearly state that ground floor owners are exempt from contributing to maintenance expenses, they are legally not required to pay such costs.
In cases where such clauses do not exist, the general rule applies: all owners must pay their proportional share.
Approved agreement
To modify, reduce, or exempt ground floor owners from contributing to elevator maintenance, the community must approve a specific agreement during a general meeting.
For the agreement to be valid, it must comply with the legal majorities established by the Horizontal Property Law. In the case of elevator maintenance, as this is considered ordinary business, the favorable vote of the majority of owners present (who also represent the majority of participation shares) is required.
Units without common access to the elevator
In cases where ground floor units do not have access to the elevator or do not share common areas associated with it, owners may question whether they should pay for elevator maintenance if they receive no direct benefit from it.
This situation can serve as a valid argument for requesting exemption from payment, provided it can be demonstrated that the elevator is not part of the common areas the owner accesses or uses.
Elevator installed after construction
Jurisprudence holds that when an elevator is installed after the construction of the building, the ground floor owners who did not participate in its installation may be entitled not to pay for its maintenance. This is because they did not benefit from nor consent to the expense, allowing them to request exemption or a proportional reduction.
Reduction or adjustment of participation coefficient
Another factor that may influence whether ground floor owners contribute to elevator maintenance is the possibility of adjusting the participation coefficient assigned to them within the community.
Nullity of abusive clauses
When ground floor owners are required to pay elevator maintenance without prior agreement, consensus at a meeting, or clear justification in the bylaws, such imposition may be considered an abusive clause. In these cases, affected parties may seek legal recourse to annul the obligation.
When can the contribution of ground floor units to elevator maintenance be adjusted or renegotiated?
There are several practical scenarios in which it is possible to adjust or renegotiate the contribution of ground floor owners to elevator maintenance. Ground floor owners can rely on legal tools and community management strategies to request a reduction, differentiated fee, or even exemption, depending on the specific circumstances of the building and the community.
Below, we review some of the most common methods:
- Modification of bylaws: One of the most solid options for adjusting the contribution of ground floor owners is through amending the community bylaws. Owners can submit a proposal at the owners’ meeting, and to be valid, it must be approved by a qualified majority as established by the Horizontal Property Law. Once approved, the amendment must be registered with the Land Registry to have binding legal effects for third parties and future owners.
- Specific agreement on a differentiated fee: Another alternative for reducing the contribution of ground floor units is to establish a specific differentiated fee for them. This agreement must be approved at a general meeting and recorded in writing in the corresponding minutes to ensure its validity and future applicability. For example, a community may agree that ground floor owners only pay 25% of the elevator maintenance cost. The agreement must be formally voted on and registered in the minutes for it to be binding.
- Proportional reduction based on elevator use: If full exemption from payment is not viable, a proportional reduction based on actual elevator usage can be applied. This can be implemented as a measure of distributive justice and may eventually lead to full exemption.
- Inclusion of the agreement in the meeting minutes: All agreements regarding the amount ground floor units must pay for elevator maintenance must be recorded in the meeting minutes. This ensures their legal validity and future enforceability, even if there are changes in ownership.
Do ground floor units pay elevator maintenance?
As we’ve seen throughout the article, there is no one-size-fits-all answer to the question “Do ground floor units pay for elevator maintenance?” The obligation to contribute—or not—depends on several factors: what the community bylaws state, the agreements made in general meetings, the participation coefficient, and even the physical layout of the building.
Although it is possible to request an exemption or adjustment, it is not an automatic or straightforward process. A thorough case-by-case analysis is required, along with formal proposals, discussions, and agreement among co-owners. It is ultimately a matter of negotiation within the legal and community framework.
For this reason, it is highly recommended to seek guidance from professionals specializing in horizontal property law, who can properly evaluate the case and assess its implications. Additionally, any modification to fee structures may impact the overall distribution of community expenses, which could affect other owners and must be legally supported by the number of contributors and the use made of the service.
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