gave Distribution from Condominium expenses This is always a very hot topic, especially when condominium owners have to pay large sums of money. Often the debate gets particularly heated and sometimes ends up with the claimants before the courts. There may be a point of debateInstallation of an elevator In a building that doesn’t have them. Knowing the rules that govern life within a condominium structure, especially those related to the distribution of condominium charges, is the best way to prevent unnecessary disputes. So let’s see how the costs of installing or replacing an elevator should be apportioned, which majority is necessary and how the maintenance costs should be apportioned in the future.
An elevator is a common thing.
An elevator is one of the common services for residential units located in condominiums. Based on the provisions of Article 1117 of the Civil Code, in fact, the lift is part of the goods Share together.In fact, it is mentioned in point 3) of the article between the works or installations intended for common use and as the common property of the owners of the individual real estate units of the building. However, the presence of an elevator inside a condominium building may not be necessary for everyone. It may be viewed with special favor, for example, by people who live on upper floors or owners of apartments where there are elderly or disabled people. On the contrary, it is generally not of interest to those living on the ground floor or owners of shops or warehouses.
It is therefore important to know what is considered a quorum, i.e. the majority required to approve the elevator installation work, considering that, in general, the resolution of each condominium is binding on all condominiums. .
The first point to consider is the type of work that is associated with this aspect as a majority requirement. The installation of an elevator, which was not previously present in the building, creates one.innovationAs indicated in Article 1120 of the Civil Code, as it is a new work aimed at better use or more convenient use or greater efficiency of common things. It also constitutes a task aimed at eliminating construction barriers if there are technical requirements established by the relevant law, for which, among other things, tax incentives can be used.
In the case of innovations, the administrator has to convene a meeting within 30 days of the request of any condominium owner interested in adopting the resolution. The request should indicate the specific content and methods of intervention to be discussed. Failing this, the administrator must invite the condominium owner concerned to provide the necessary additions without delay. Innovations which may affect the stability or safety of the building, which alter its architectural decoration or which render certain common parts of the building unusable for the use or enjoyment of a condominium owner are prohibited. .
Majority to approve installation of elevator
Since this is an intervention aimed at the improvement or greater ease of use of a common property, the resolution must be approved by a majority vote of the condominium assembly. The majority of persons present and at least two-thirds of the cost of the building.
If the installation of an elevator, due to the technical requirements required by law, can be considered as an intervention aimed atRemoval of construction obstructions It may be approved by a plurality of votes representing a majority of those present and at least half the value of the building. In this case the work must meet all the conditions to be considered necessary to allow people with significant disabilities to use common spaces with the greatest possible agility. Here in this case will be the majority required for system installation. less Because the legislator wants to encourage this type of work, also by providing tax breaks.
It should be kept in mind that if innovation involves high costs. burdensomeAs is usually the case with elevators, and consists of sensitive systems. Separate use The specific laws referred to in Article 1121 of the Civil Code shall also apply.
Breakdown of elevator installation costs.
If installing a lift costs too much. burdensome Or is the character? Voluntary (i.e. excessive) relative to and sensitive to the specific circumstances and significance of the building. Separate useCondominiums that do not intend to benefit from it Exception Any cost contribution. This is what is described in Article 1121 of the Civil Code for which costs may be borne, provided that the system is used separately, only by those who want it, avoiding the imposition of costs on those people. Who are not interested.
What if separate use is not possible? The law states that a burdensome or extravagant innovation is not permitted unless a majority of the condominium owners who have approved it, as we have already indicated, intend to bear the costs in full. have So in this case, quite unusually, the resolution will not be binding on the agreed condominium owners who are not interested in installing the elevator. So those who did not contribute financially at the time of installation will not be able to benefit from it. However, if separate use of the system is possible, later, the condominium owners or their heirs may be allowed to use the elevator by paying a portion of the costs.
Article 1123 of the Civil Code states that whoever has to contribute to the costs of innovation must pay a sum. proportional al The value of your propertyUnless otherwise agreed. If these items (such as an elevator) are intended to serve the condominium differently, the costs are apportioned accordingly.use That everyone can do.
Breakdown of elevator maintenance costs.
Let us now review the situation with reference to the expenses that become necessary for the project over time. maintenance of the elevator. An elevator is a system that can break down over time and therefore requires careful maintenance. It may also be necessary to replace the system when it becomes obsolete and insecure.
The apportionment of maintenance or protection costs follows the criteria set forth in Article 1124 of the Civil Code, according to which the costs related to elevators are borne by the owners for whom the elevator works. By what standard? for half Because of value For individual real estate units and others half Especially in measurement Proportional to height of each floor from the ground.
Value of individual housing units means thousandth value. Therefore, it is necessary to refer for its determination. Millesimal tableAttached to Condominium Regulations. The purpose of this mixed quality is to harmonize the position of the real estate unit within the building with its economic value. As far as the criteria for allocation of costs related to system maintenance is concerned, no distinction is made on the basis of type of maintenance.
Referring to the provisions of the Comprehensive Building Act, general maintenance includes repair work, replacing building finishes or efficiently integrating and maintaining existing systems.
Extraordinary maintenance includes work or modifications aimed at renewing parts, including structural, or technical systems as long as they do not involve changes in intended use. In the case of general maintenance work, the administrator acts independently. For extraordinary maintenance expenses, the administrator must call an extraordinary meeting and request permission to proceed.
Do ground floor residents have to pay for lift maintenance?
It is legitimate to ask whether the ground floor occupants need to pay the maintenance costs of the lift as they do not use the system and therefore will not benefit from the normal service. We have seen that the law refers to the use of a good thing.
Does the elevator serve ground floor residents as well? Well yes. As far as elevator maintenance costs are concerned, the owners of the floors located on the ground must also contribute.
The elevator, unless otherwise agreed, also belongs to the latter and is among the common parts. It follows that condominium owners, unable by law to waive their right to common areas, are required to contribute to the costs of their conservation in accordance with the dual standard we have indicated.
Living on lower floors you will pay less in contribution proportional to your height.
Based on what the jurisprudence has stated with sentence no. No. 4419 dated February 21, 2023, those who live on the ground floor must contribute to the maintenance of the stairs and elevator as it belongs to the condominium on the lower floor including the ground floor. In fact, the elevator allows them access to other common areas, such as a flat roof, a terrace, and it does not have the sole function of reaching the housing unit they own.
What if the elevator is not used? Moreover, if I decide not to use the elevator despite living on a higher floor, according to the judges, the maintenance costs of the elevator will have to be paid by those who do not use the elevator because they have to take the stairs. like or fear them. is referred to.Possible uses It can be done with it and not actually.
From what has been said so far, a considerable difference can be seen between the distribution of costs for the ex novo installation of an elevator and the costs related to its preservation and maintenance when the system is already in place because only the criteria for the latter will be determined. Article 1124 in the Civil Code. In the absence of conflicting title, all condominium owners are required to share in these latter costs.
