The lift in residential communities is a fundamental element to guarantee mobility throughout the building, but its use or installation is not always free of debate and controversy. In some cases, the owners of the residential community decide to install a key in the lift or some other access control system, for reasons of security or privacy. But, is it legal to put a key in a community lift? In this article we are going to review the legal framework in Spain to answer this question. To find out if it is legal to put a key in a community lift, keep reading. We give you all the keys.
Is it legal to use keys in community lifts?
The short answer is: Yes, but with nuances.
In most cases, it is a voluntary decision of the community that
It must be approved by a meeting of owners and must meet certain requirements:
- An agreement must be reached at the owners' meeting
The Horizontal Property Law (LPH) indicates that any modification to a common element of the building (which includes, of course, the lift) requires the agreement of the community.
This means that, to install a key, the proposal must be put to a vote at a neighborhood meeting, complying with the following:- There must be a majority of at least 3/5 of the owners representing the same percentage of participation shares (Article 17.3 of the LPH).
- It must be recorded in the minutes of the meeting so that the agreement is recorded.
- Accessibility must be ensured.
If there are people with reduced mobility or over 70 years of age in the community, it is important to ensure that the key system does not represent an additional barrier to their mobility, rather than an aid.
In which cases is it legal to put a key in a community lift, following a prior agreement at a meeting?
For example, the following cases may be grounds for a vote at the meeting:
- Wanting to install a key in the lift in buildings with different blocks or stairs: In large developments, owners may want to restrict lift use to residents of each block or staircase.
- Wanting to limit or reduce lift misuse: In some cases, you may want to prevent people outside the building from using the lift without control.
However, there are other cases in which the installation of a key in the lift may be justified and mandatory without the need for the measure to be approved at a meeting.
In which cases is it mandatory to key a communal lift, without the need for an agreement?
Here, it is no longer just a matter of whether it is legal to lock a community lift, but we must know that there are some cases in which it is not only legal, but mandatory.
Article 10 of the Horizontal Property Law establishes that those measures that are necessary for the security and conservation of the property will be mandatory and will not require a board agreement.
What does this mean? That if the installation of a key in the community lift is essential to preserve the security of the building and its residents, it can be mandatory and not a decision that must be voted on.
Cases in which the installation of a key may be mandatory
- In buildings with lifts with direct access from the street: Although it is not a very common situation, there are old buildings in which it is not always possible to install a lift inside and it must be installed with access from the public road. In this case, the installation of a key or control system is fully justified, since, otherwise, any person outside the community could access the building.
- For access to garages or storage rooms: If the lift allows access to garages or storage rooms and there were previously security problems related to these areas, it may become mandatory to limit access via the lift to these lower floors. In these cases, the key is normally installed inside the lift cabin, on the button for access to these floors and at the lift entrance from the underground floors. In many cases, there are homeowners in the community who do not have a parking space or storage room. The opposite also happens; there may be homeless people in the building who have bought or rented a parking space or storage room. In this way, access in both directions by unauthorized persons is limited.
- Lifts with direct access to homes or balconies: This may be the least common of all situations, but there are cases in which the lift has access to the interior of the home. In this case, installing a lockable lift is essential to keep the residents safe.
In which cases is it illegal to lock a community lift?
Although we have talked about the situations in which it is legal to put a key in a community lift, in some cases requiring prior agreement at a meeting of neighbors and, in other cases, without the need for agreement, you should know that there is an exception to this rule and it is the following:
It is not legal to restrict the use of the lift to neighbors who do not pay community fees
If the reason for trying to install a key or access control in the community lift is simply to limit its use to delinquent neighbors, it would be totally illegal.
The lift is an essential common element for the habitability of the property, so legally, no neighbor can be prevented from using it.
What common elements can be restricted to defaulters?
According to current legislation, the use and enjoyment of common elements that are not essential for habitability can only be prevented from delinquent neighbors, such as:
- Community pool
- Paddle tennis or tennis courts
- Community gyms
- Gardens or recreational areas.
Eleva Balear: Your lift company in the Balearic Islands
At Eleva Balear , a lift company in Mallorca, we have extensive experience and a track record in the lift sector, offering tailor-made solutions to homeowner communities.
We specialize in the installation, maintenance and modernization of lifts, always guaranteeing the highest standards of quality and, of course, safety.
We hope we have clarified your doubts about whether it is legal to put a key in a community lift. If your community of neighbors needs advice on the installation of a key in the lift or any other related service, our team of experts in modernization of lifts in Mallorca is ready to help you. Contact us today and find out how we can help you.
