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”.
For further information, please contact Christian Krause Moral: [email protected]