Court ruling: new rules for commercial properties
In Zamora province, the court issued a landmark decision directly affecting owners of commercial premises located in apartment buildings. These property owners are now required to contribute financially to the installation of elevators, even if they do not use them themselves. The court recognized these works as essential for the proper functioning of the building, not just as an improvement for residents.
The dispute: how the conflict between residents and shops began
In 2018, during a general assembly of residents, it was decided to install an elevator and divide the costs among all owners based on their respective shares. The total amounted to over €93,000. Shop owners objected, arguing that stairwells and entrances belong to private areas of the apartments, so stores should not have to pay for their maintenance. They filed a lawsuit seeking exemption from these expenses, citing the building’s bylaws.
Arguments from both sides and the court’s stance
The court of first instance did not uphold the business owners’ claims, prompting them to file an appeal. In their appeal, they argued that their rights had been violated and pointed to errors in the assessment of evidence and the misapplication of the joint property law. The shop owners referred to a clause in the statutes that exempted them from expenses for maintaining common areas and believed that this should also apply to the new elevator. In addition, they argued that such decisions require unanimity and that the cost of the work had been unjustifiably increased.
Rationale for the decision: why expenses are obligatory for all
The appeals court concluded that the exemption from expenses applies only to ongoing maintenance and repairs and not to new capital investments such as installing an elevator. The judges emphasized that excluding the shops from payment would be unfair to the other owners. The verdict noted that the elevator is necessary to ensure accessibility and full use of the building by all residents, not just an added convenience.
Impact of the decision on other owners’ associations
This ruling confirms a trend in judicial practice where the installation of elevators is considered a mandatory measure for all property owners in a building. Even if shops do not use the elevator, they are still required to contribute to the installation costs. The court relied on decisions of the Supreme Court, which had already considered similar cases. Thus, the court’s decision in Zamora may serve as a precedent for similar disputes throughout Spain.
