{"id":20419,"date":"2025-08-13T10:51:05","date_gmt":"2025-08-13T08:51:05","guid":{"rendered":"https:\/\/elevabalear.com\/?p=20419"},"modified":"2025-08-13T10:51:52","modified_gmt":"2025-08-13T08:51:52","slug":"can-they-force-me-to-finance-a-lift","status":"publish","type":"post","link":"https:\/\/elevabalear.com\/en\/can-they-force-me-to-finance-a-lift\/","title":{"rendered":"Can I Be Forced to Finance a Lift?"},"content":{"rendered":"

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

What does the law say in 2025?<\/h2>\n\n\n\n

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\u2014including through financing\u2014and in which cases you cannot refuse, even if you prefer not to enter into installment plans.<\/p>\n\n\n\n

Paying is not the same as financing<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

When are you required to participate?<\/h2>\n\n\n\n

Two very different scenarios come into play here:<\/p>\n\n\n\n

1. Mandatory work for accessibility (art. 10.1.b LPH)<\/h3>\n\n\n\n

If someone in the building\u2014whether an owner or resident\u2014is 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.<\/p>\n\n\n\n

2. Agreement approved by majority (art. 17.2 LPH)<\/h3>\n\n\n\n

There are no accessibility requirements here. If a qualified majority\u2014based on owners and quotas\u2014is reached, the agreement is binding on everyone, even if you voted against it or were not present.<\/p>\n\n\n\n

In both cases, the community can decide to fund the work, and you must follow the approved plan.<\/p>\n\n\n\n

Can you be forced to sign a loan?<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Funding through the community<\/h2>\n\n\n\n

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.<\/p>\n\n\n\n

Are you financing the lift? Yes, even if you haven't signed anything with the bank. But you're required to participate if:<\/p>\n\n\n\n