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11 Jul 2009 00:00 by James F Star rating. 4 posts Send private message

I own a topfloor apartment in a 4 floor apartment block in Puerto Pollenca in Mallorca.

My Spanish neighbour has a severe heart problem and can no longer mount the stairs to his apartment.

As I understand it the installation of a lift to help him requires a majority voting of the comunidad owners.

However wheb we consulted two technical Architects they said that in the circumstances  the community had to provide a lift at their expense.

I then consulted a lawyer who denied it.

So who is right?

Jim





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11 Jul 2009 22:25 by Goldie Star rating. 154 posts Send private message

Hi Jim

You may find what your looking for in the horizontal property act under section 10.2.





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11 Jul 2009 22:53 by bobaol Star rating. 2172 posts Send private message

bobaol´s avatar

In case you can't find it, Jim, here it is.

2. The community, at the request of owners of units in which persons with disabilities, or persons
over the age of seventy, live, work or render voluntary or altruistic services, is obliged to carry out work to
permit accessibility to and use of common elements in accordance with the disability of said persons, or
work to install mechanical and electronic devices favouring their communication with the outside, provided
the total cost of such work does not exceed the ordinary common expenses of three months.
.





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13 Jul 2009 11:29 by James F Star rating. 4 posts Send private message

Unfortunately, as I read it the article limits the cost to 3 months normal expenses which are approx 6,000Euros and the installation of the lift is around 36,000Euros.

Jim





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13 Jul 2009 15:30 by morerosado Star rating in Guardamar del Segura.... 6943 posts Send private message

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Also in 11 of THE HORIZONTAL LAW (Click here) it states 'no unit owner may demand ................'



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14 Jul 2009 10:16 by James F Star rating. 4 posts Send private message

Well ......that was very helpful.

So it seems that confirms that the Technical Architects were wrong. We WILL need a majority.

Thank you for your help.

Jim

 





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