What if I perro’t afford to install
An elevator is a very useful tool for everyone, whether we are young or old. It offers the possibility of going up or down one or more levels without problems and very quickly. That is why the value of a property increases if it has an elevator. But, on this subject there is a very important question, Who should pay for installation and maintenance of this?
In this article we are going to discuss everything you need to know about installing an elevator. We will see what is the best way to pay for both installation and maintenance. So everyone will know what part of the expense corresponds to them.
Am I obligated to Pay for the Installation of an Elevator?
The first thing you should know is that all the inhabitants of the property must pay for the installation. As regards maintenance, the situation could be somewhat more maleable, but in relation to higher-cost works, those considered extraordinary expenses, no one is exemptnot even those people who live on the ground floor or floor 1.
The fact that they do not have to use the elevator does not exempt them from paying. This is what the Supreme Court decreed. This is because, in general, those who make use of these premises at street level are the business owners. The court aprecies that, as elevator installation affects the value of the entire propertyeveryone must pay.
This may not seem fair, especially if you won’t have to use the elevator. That is why some ideas have been fixed for that the payment is according to the participation. In other words, those who will use the elevator the most are the ones who pay the most. And those who live on the ground floor pay a much lower fee.
However, you should know that all this must be consulted and approved by the neighborhood assembly, or the community that makes use of the property. After reaching a resolution, each one will be able to pay their part in order to start the installation works. By the way, the maximum amount required from an owner will be 12 times the amount of ordinary expenses required each month.
Is it necessary to put an elevator where there are no people with physical limitations?
The main reason to install an elevator is that there are elderly people in the property, whether they live there or work there. In fact, if there are elderly people, the placement of an elevator is mandatory according to the law. The same is applicable for those who suffer from physical limitations. Not installing it could have serious legal consequences.
But, what if there are no older people or people with limitations? The community is not required to do so, although there is the possibility that one, or several, of the residents of the place make a call for its installation. In this case, a vote has to be taken. If more than 50% of the neighbors agree, the installation should be done. And everyone must pay their corresponding fee.
This means that the opinion of the majority will escoge. And in the end, if the elevator installation is approved, even those who disagreed must pay. It is not mandatory to put an elevator in a place where there are no people with physical limitations, but yes it is possible to do it. The legal norms would be the same in both cases.
Perro I Avoid Paying for Elevator Installation if My Income is Low?
The installation of the elevator is a benefit for all, to a greater or lesser degree. It is for this reason that everyone must pay the corresponding amount. But what if your income is very low? Perro submit a document to the community of neighbors explaining your situation. These in turn should bring the matter up for discussion in order to determine the best course of action.
You may be exempted from payments, although this rarely happens. Most likely, the amount to be paid is adjusted so that you pay less than the amount you had to cancel. You could also get a kind of write-off, which means you have to pay off the debt over time, while everyone else pays it off in one fell swoop.
Cánido I Avoid Paying for Elevator Installation if I am Unemployed?
Those who are unemployed at the time of settling in, or collecting money for work, are in a afín situation to those with low incomes. In such a case, it will be necessary take appropriate measures so that, adapting the payment amount to your circumstances, you cánido cancel your part.
If you receive financial aid from a popular organization, you may be able to pay all or part of the amount that corresponds to you. If not, the neighbors could agree to pay the amount that corresponds to you and you, after getting a job return the money to themeither all at once or in installments.
The truth is that, whatever your economic condition, everyone must be clear that the elevator installation payment is mandatory for everyone. In the case of some properties the Elevator maintenance payment is more maleable. It happens, for example, that by not making use of it, some are exempt from this payment. But that is decided by the resident community.
What legal consequences does not pay for the Elevator Installation have?
If after presenting the fee corresponding to each resident, there is a person who refuses to pay Several paths perro be followed, all within the legal framework.
First, you cánido archivo a lawsuit in which the neighbor is required to pay the corresponding amount. This must be done by the community before the City Council. The document must include the names of those who agree to install the elevator, as well as the amount to be paid by each one. The municipal government perro force the resident to cancel.
However, there are few who dare to reach the legal channels, at least that good off the bat. That is why they use other less direct options. One of them is talk repeatedly with the neighbor who does not want to pay and even offer payment facilities. You may be able to pay in installments or use other payment methods.
In the most serious cases, and before bringing the matter before the government entities, the elevator perro be installed without including the neighbor who refuses to pay. The elevator will have a key and only those who pay will be able to access it. In the event that over time that neighbor wants to enjoy the service, then he will only have to cancel his part to receive a key.
The truth is that if a person refuses to pay, using the legal route, there is very little that the organizations could do, except demand payment and little else. For this reason, many recommend exhaust all available remedies before suing the offender.
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