{"id":25706,"date":"2025-08-04T08:36:57","date_gmt":"2025-08-04T08:36:57","guid":{"rendered":"https:\/\/www.aszende.com\/?p=25706"},"modified":"2025-09-12T11:55:20","modified_gmt":"2025-09-12T11:55:20","slug":"ground-floor-units-pay-elevator-maintenance","status":"publish","type":"post","link":"https:\/\/www.aszende.com\/en\/blog\/ground-floor-units-pay-elevator-maintenance\/","title":{"rendered":"Do ground floor units pay elevator maintenance in a community?"},"content":{"rendered":"\t\t
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As we\u2019ve seen in previous publications, the costs of elevator maintenance vary for commercial premises<\/a>. However, do ground floor units in a residential building follow the same rules, or are they subject to different treatment? <\/p>\n

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\u2014a service that, in most communities, represents a significant part of the annual budget. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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\u00a0<\/p>

Based on Law 49\/1960<\/strong> 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Factors that determine whether ground floor owners contribute to elevator maintenance<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Specific bylaws that expressly exempt ground floors from payment<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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One of the key factors determining whether ground floor units must contribute to elevator maintenance is the existence of specific clauses<\/b> 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. <\/span><\/p>\n

In cases where such clauses do not exist<\/b>, the general rule applies: all owners must pay their proportional share. <\/span><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Approved agreement<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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To modify, reduce, or exempt ground floor owners from contributing to elevator maintenance, the community must approve a specific agreement during a general meeting. <\/strong> <\/p>\n

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<\/strong> of owners present (who also represent the majority of participation shares) is required. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Units without common access to the elevator<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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.<\/p>\n

This situation can serve as a valid argument for requesting exemption from payment,<\/strong> provided it can be demonstrated that the elevator is not part of the common areas the owner accesses or uses.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Elevator installed after construction<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Reduction or adjustment of participation coefficient<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Another factor that may influence whether ground floor owners contribute to elevator maintenance is the possibility of <\/span>adjusting the participation<\/b> coefficient assigned to them within the community.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Nullity of abusive clauses<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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. <\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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When can the contribution of ground floor units to elevator maintenance be adjusted or renegotiated?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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There are several practical scenarios <\/strong> 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. <\/p>\n

Below, we review some of the most common methods:<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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