Case lab of the week; Problems with the Community of owners

Real consultation just received by a very good client;

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“Dear Oscar;

The owner’s community has decided during the last AGM, to install an elevator in the building. Am I legally obliged to contribute to the installation’s cost, even though I am just the owner of a local for business and not the owner of any dwelling?”

Our response: YES, as the owner of a local for business located in a building of 10 apartments, you would be obliged to contribute to the payment in accordance to your ownership’s share.

The Spanish Horizontal Property Law is very specific in its articles 10 and 11 and it can oblige community of owners to take (and to pay) for all the necessary Works required to make the common areas “accessible”, like lifts or other electromechanical devices, like wheelchairs lifts. Likewise, the maintenance and upgrade of these new installations will be subjected to the same rules that any other common area facility.

This view is reinforced by recent jurisprudence of the Supreme Court, which widens or extends the meaning of habitability and subsequently it widens the scope and application of the “Law 51/2003, of 2 December, on Equal Opportunities, Non-discrimination and Universal Accessibility for People with Disabilities” as well as articles 9.2, 10,14 and 49 of the Spanish Constitution

Finally, we hope you find this information useful and remember, should you ever need a reliable, 100% independent, honest, cost effective and efficient English speaking Spanish solicitor, to help you with your property conveyance matters, (or with any other legal dispute problem), make sure you bookmark this page, visit our websites: www.ricorabogados.com and www.englishsolicitorinspain.com

or alternatively, please do not hesitate to contact us by e-mail at ricorsolicitors@yahoo.co.uk

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Thank you very much for your kind attention and we look forward to helping you!

Mr Oscar Ricor

“NON-PRACTISING ENGLISH SOLICITOR IN ENGLAND AND WALES”, under the “Solicitors Regulation Authority” (SRA) SRA number 519196 and practicing Spanish Solicitor Nº1247