One of the most common questions in homeowners' associations revolves around lift expenses. Especially when there are residents on the ground floor or in commercial premises, the question arises almost automatically: is the lift paid for by floor or should all owners contribute equally? This issue generates frequent debates at homeowners' association meetings and, in many cases, conflicts that can be avoided with proper legal and technical information.
Understanding whether the lift is paid for by height depends on current regulations, community statutes, and agreements adopted; this is key to ensuring fair and lawful coexistence.
What does the Horizontal Property Law say about the lift?
The Horizontal Property Law (LPH) is the regulation governing the operation of homeowners' associations in Spain. According to this law, all owners must contribute to the general expenses for the proper maintenance of the building, including those of the lift, according to their share of ownership.
This means that, as a general rule, lift fees are not calculated based on floor level, but rather according to the percentage assigned to each apartment or unit in the building's deed of incorporation. This fee is usually calculated taking into account factors such as the property's surface area, its location, and the intended use of the common elements.
Therefore, although it is common to think that those who live higher up should pay more because they use the lift more, the law does not automatically establish that the lift is paid for by height.
Lift fares are based on height: myth or reality?
The idea that lift fees are based on floor level is one of the biggest myths in apartment buildings. Legally, there is no general rule that requires owners of upper floors to pay more.
However, this criterion can only be applied if it is expressly included in the community's statutes or if it has been approved by a valid agreement at a meeting, usually unanimously, as it affects the system for distributing expenses.
In the absence of these conditions, any attempt to impose that the lift be paid for by heights may be legally challenged by the affected owners.
Do ground floor apartments and commercial spaces pay for the lift?
Another big question is whether owners of ground-floor apartments or commercial premises are obligated to pay for lift maintenance. The answer is clear: yes, they must pay, unless the bylaws expressly state otherwise.
Simply not using the lift does not exempt you from paying. The law considers the lift a common element that increases the value of the entire building, regardless of its direct use. Therefore, the argument that the lift fee is calculated based on floor level to exclude ground-floor residents is not legally sound on its own.
Lift installation and cost allocation
When it comes to installing a new lift, doubts multiply. In older buildings that didn't have one, its installation often generates controversy, especially among residents of lower floors.
The Horizontal Property Law (LPH) stipulates that the installation of a lift to improve accessibility may be mandatory if requested by an owner with a disability or over 70 years of age, provided the cost does not exceed certain limits. In these cases, all owners must contribute, regardless of the floor they live on.
Again, the idea that the lift is paid for by height does not automatically apply, even in a project of this type.
Can the distribution of expenses be modified?
Yes, but with very specific conditions. The community can agree that the lift will be paid for by floor if the owners' association decides so and the distribution system is modified in the bylaws. This type of agreement usually requires unanimity, as it affects individual economic rights.
Furthermore, the distribution must be clear, transparent, and technically justified to avoid future legal challenges.
Lift maintenance and repairs
The costs of lift maintenance, periodic inspections, and repairs follow the same criteria as its installation. That is, they are distributed according to the ownership share, not by usage or floor level.
Even in the case of major repairs or upgrades mandated by regulations, the general rule remains. Living on the first floor or in a penthouse does not automatically change the obligation to pay, so insisting that the lift is paid for based on floor level without statutory support lacks legal basis.
What if the bylaws say otherwise?
In that case, the bylaws prevail. If they specify that the lift fee is calculated based on floor level, or that certain owners are exempt, that distribution will be valid as long as it does not contradict mandatory legal provisions.
That is why it is essential to review the community statutes before initiating any claim or modification of the distribution of expenses.
Common cases of conflict in communities
Many neighborhood disputes arise from misinterpretations or verbal agreements that lack legal validity. Some common examples:
- Ground floor residents who refuse to pay, claiming that the lift is paid for by floor.
- Communities that apply a “traditional” distribution without it being reflected in the statutes.
- New owners challenging old agreements for not complying with the Horizontal Property Law.
In all these cases, having professional advice avoids legal and economic problems in the medium and long term.
Importance of technical and legal advice
In both new communities and old buildings, it is essential to have specialized companies that not only take care of the technical aspects, but also provide guidance on the legal framework.
This is especially relevant in lift installation projects in Mallorca, where many buildings lack lifts or need adaptations to comply with current accessibility regulations.
A correct approach from the beginning avoids later debates about whether the lift is paid for by height or according to the participation quota.
Eleva Balear, your ally in lifts in Mallorca
At Eleva Balear we specialize in maintenance, modernization and installation of lifts in Mallorca, We advise homeowners' associations at every stage of the process. We analyze the legal, technical, and economic situation to offer clear, transparent solutions that comply with regulations.
If your community is debating whether lifts should be paid for based on floor level, or if you need to install a new lift or upgrade an existing one, our team can help you make the best decision.
Contact Eleva Balear and request a personalized, no-obligation study. We'll help you improve accessibility, safety, and peace of mind for your community.
