It's a question that sooner or later arises in many communities: Can I be forced to finance a lift? And the answer isn't as simple as yes or no. Because first, you have to fully understand what we're talking about.
Paying is not the same as financing. Paying means covering your share of the cost, either all at once or in installments. Financing, on the other hand, implies covering the expense with a loan or a long-term payment system, and you join that plan even if you haven't personally taken out any credit.
What does the law say in 2025?
The Horizontal Property Law (LPH) and current case law make it quite clear when you are obligated to participate financially in the installation of a lift. They also explain how payment can be arranged—including through financing—and in which cases you cannot refuse, even if you prefer not to enter into installment plans.
Paying is not the same as financing
It seems like a nuance, but it is important.
When you pay, you simply cover your part: in cash or in installments, without further ado.
When you finance, you enter into a community plan to repay a loan, either by contributing your monthly installment or by participating in the total repayment through contributions.
It's common these days for the community to take out the loan in its own name. You don't sign the loan as an individual, but you contribute to its repayment through these regular payments. And yes, that's also financing.
When are you required to participate?
Two very different scenarios come into play here:
1. Mandatory work for accessibility (art. 10.1.b LPH)
If someone in the building—whether an owner or resident—is over 70 years old or has a disability and requests a lift, the work may be mandatory. However, the cost must be reasonable: it cannot exceed 12 ordinary monthly payments. If there is public aid that covers at least 75%, or if residents voluntarily assume the excess, it is also considered mandatory. And in that case, you have to contribute, even if you didn't vote for it.
2. Agreement approved by majority (art. 17.2 LPH)
There are no accessibility requirements here. If a qualified majority—based on owners and quotas—is reached, the agreement is binding on everyone, even if you voted against it or were not present.
In both cases, the community can decide to fund the work, and you must follow the approved plan.
Can you be forced to sign a loan?
No. This is important.
No one can force you to become a borrower or guarantor of the loan. The loan is signed in the name of the community, not each neighbor's. Your obligations are within the framework of the community: pay your share, as agreed. Nothing more.
Funding through the community
Here's how it works: the bank grants a loan to the community, and the community establishes a payment schedule (monthly, quarterly, etc.). The money you pay goes toward covering the loan.
Are you financing the lift? Yes, even if you haven't signed anything with the bank. But you're required to participate if:
- The installation has been legally approved or is mandatory.
- The financing plan was voted on and approved by the Board with the corresponding majority.
What if you prefer to pay in cash?
If you have the money, you may be interested in paying your portion all at once and avoiding interest. Some communities allow this option, thereby reducing the total loan amount.
However, this isn't automatic. It must be included in the agreement approved at the meeting. If it isn't, you'll have to follow the same schedule as everyone else, although you can propose this alternative for inclusion.
And what about the owners of ground floors, commercial premises or garages?
There is a lot of confusion here.
Not using the lift doesn't exempt you, unless you have an express exemption in your bylaws or there's a unanimous agreement that frees you. This has been upheld by the Supreme Court on more than one occasion.
So, if the community takes out a loan for the installation, these owners must also contribute their contributions.
What happens if you have an exemption?
In that case, you're excluded: you don't pay, you don't finance, and you can't be included in the loan distribution. To eliminate this exemption and force you to participate, unanimity within the community is required.
Are there limits?
Yes, even if a financing plan is approved, there are certain barriers:
- They can't bind you to personal debts. You're only obligated within the community framework.
- There must be an approved project and a valid license.
- In accessibility projects, the cost cannot be an excessive burden for residents, especially if there is no public support.
How is a financing plan approved?
Everything is decided at the meeting. The minutes must detail:
- Total amount of the work.
- What part corresponds to each owner.
- Loan conditions (duration, interest, etc.).
- Dates and amounts of the assessments.
- Possibility of advance payment, if contemplated.
Once approved by a legal majority, it applies to all residents who are not exempt.
Real cases to understand it better
1. Community approves installation with 10-year loan
All homeowners must pay their share each month, even if they do not sign the loan.
2. A neighbor wants to pay in cash
You can do this only if the agreement allows it. Otherwise, you'll have to follow the general schedule.
3. A premises with exemption in the statutes
It does not pay or participate in financing unless the statutes are unanimously modified.
4. Accessibility work with public aid
Even if aid is received, the remaining cost can be financed. Residents will have to pay their share.
Is your community considering installing a lift?
If so, here are some practical tips:
- Read the agreement carefully before voting.
- Ask if you can pay your share in advance.
- Check if you have any valid exemptions.
- Find out about possible public subsidies.
- And, above all, participate in the Board. Not deciding is also deciding.
At Eleva Balear, we are specialists in lift installation in Mallorca.
We know that these types of decisions raise many questions. Especially when it comes to paying in installments or taking out a loan without having applied for it. If you're wondering, "Can I be forced to finance a lift?" At Eleva Balear, we explain it to you straightforwardly, clearly, and with a friendly approach.
We take care of everything: from elevator installation in Mallorca to licensing, grants, and financing options tailored to each community. We do this with local knowledge and direct contact, because we understand what it means to live in a building and make decisions together.
Do you have questions or would like to discuss a project in your community? Write to us. We'll discuss the options and how to improve your building's accessibility, without complications.
