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The Supreme Court Determines That All Co-Owners of A Building, Without Exception, Should Pay Expenses Stemming From The Installation of An Elevator.
9 February 2009
The installation of elevators in order to overcome architectural barriers impairing access or mobility of senior citizens or individuals with disabilities, and the determining of whether or not shops, like any other owner, are obligated to pay for the expenses of same, has on occasion led the courts to apply disparate criteria.
The Supreme Court, in a recent ruling (no. 1151/2008 dated December 18, 2008) found for the Residents Association following contradictory rulings from the Durango Court of First Instance no. 2 and the Vizcaya Provincial Court. The high court determined that both the ground floor apartments and shops are obligated to participate and pay, along with the rest of the owners and without exception, for the expenses involved in installing an elevator, concluding that it is an essential element to eliminate architectural barriers in buildings which benefits all owners, and likewise stated that “not forcing all co-owners to assume payment would be abusive”.