{"id":27838,"date":"2026-09-01T13:27:50","date_gmt":"2026-09-01T11:27:50","guid":{"rendered":"https:\/\/www.aszende.com\/?p=27838"},"modified":"2026-09-08T11:18:06","modified_gmt":"2026-09-08T09:18:06","slug":"can-i-be-required-to-pay-for-an-elevator","status":"publish","type":"post","link":"https:\/\/www.aszende.com\/en\/blog\/can-i-be-required-to-pay-for-an-elevator\/","title":{"rendered":"Can I be required to pay for an elevator? Legal considerations"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"paying\t\t\t\t\t\t\t\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
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\u00a0<\/p>

Can I be required to pay for an elevator? This is one of the most common questions when a homeowners\u2019 association considers installing an elevator <\/a>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\u2019 association, and the provisions of current legislation.<\/p>

Understanding these differences makes it easier to determine when a property owner is required to cover part of the cost.<\/p>\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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In what situations can an elevator be installed or renovated?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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One of the most common scenarios is improving building accessibility<\/a> 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. <\/p>

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. <\/p>

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.<\/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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The Horizontal Property Law sets out the rules<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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\u2019 association. <\/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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When the elevator is necessary for accessibility reasons<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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.<\/p>

Among the measures that may be necessary are the installation of an elevator or other devices designed to overcome architectural barriers.<\/p>

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.<\/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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When the homeowners\u2019 association approves the installation of an elevator<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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. <\/p>

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.<\/p>

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.<\/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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When the elevator is considered an improvement<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The situation changes when there is no accessibility requirement and the homeowners\u2019 association intends to carry out work that may be considered a non-essential improvement.<\/p>

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.<\/p>

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\u2019 association, and the applicable rules regarding voting majorities and expenses under the LPH.<\/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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How are the costs shared?<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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.<\/p>

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. <\/p>

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\u2019 association, rather than on how frequently it is used. <\/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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The most common disputes between property owners<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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