Can a lift be installed in a homeowners’ association without...

Installing a lift in a homeowners’ association is one of the issues that generates the most conflicts in the context of horizontal property law and community management. It is an improvement that significantly increases the value of the property and the quality of life for residents, but it also involves a considerable financial cost and, in many cases, opposition from some owners.

Can a community install a lift without the unanimous agreement of all residents? From a legal perspective, the answer is yes, but there are important nuances that should be understood.

What does the Horizontal Property Law say?

The applicable legislation is the Horizontal Property Law (Ley de Propiedad Horizontal, LPH), which regulates the approvals required for works affecting communal elements. A lift, as it impacts communal areas of the building (courtyard, stairwell, façade, etc.), falls squarely within this framework.

The LPH distinguishes between mandatory works and improvement works, and this distinction is key to determining whether the consent of all owners is required.

Installing a lift as a mandatory work

In certain circumstances, the installation of a lift is considered mandatory work, which means that unanimous approval from the community is not required.

According to Article 10.1(b) of the LPH, the community is obliged to carry out the necessary works to ensure universal accessibility whenever requested by:

• Owners aged over 70
• People with disabilities
• Those living with or working with them

In these cases, a request from a single qualifying owner is sufficient to obligate the community to install the lift, even if the majority of residents vote against it.

There is, however, a financial limit:
The annual cost allocated to each owner cannot exceed 12 months’ worth of ordinary communal expenses, after deducting any grants or public subsidies. If this limit is exceeded, the community is only obliged to proceed if the decision is approved by the assembly.

What if there are no elderly or disabled residents?

When accessibility circumstances do not apply, the installation of the lift is considered an improvement work, and the voting requirements change.

In this case, unanimity is not required, but the approval of:

• Three-fifths of the total owners
• Representing three-fifths of the participation quotas is necessary.

This type of decision often generates controversy, particularly in older buildings or communities with ground-floor flats, commercial premises, or owners who will not use the lift.

Can owners who do not use the lift refuse to contribute?

A common question is whether owners of ground-floor flats or commercial units can refuse to pay for the lift installation on the grounds that they will not use it.

Jurisprudence is clear: non-use does not exempt owners from payment, unless the community statutes explicitly state otherwise. A lift is considered an element that increases the value of the building as a whole, not just an improvement for the upper floors.

Therefore, even if an owner votes against it, they are obliged to contribute if the decision has been lawfully adopted.

What happens if the required majority is not reached?

If the three-fifths majority is not achieved and the work is not mandatory for accessibility reasons, the installation of the lift cannot be imposed on the community.

However, the LPH allows interested owners to bear the cost themselves. In these cases:

• The lift will be for communal use.
• Owners who did not initially contribute may use it in the future by paying a proportionate updated share.

Common problems and legal conflicts with installing a lift
Lift installations often give rise to conflicts such as:

• Challenges to decisions due to defects in the notice or voting majorities
• Disagreements over cost allocation
• Impact on private elements (e.g., reduction of courtyards or corridors)
• Opposition from commercial units

This is why it is essential that decisions are legally compliant and that the community receives professional guidance.

The role of the property manager

An experienced property manager plays a key role in these decisions. Their responsibilities include:

• Advising on the legally required majority
• Correctly drafting the meeting notice and minutes
• Providing information on available grants and subsidies
• Coordinating budgets, permits, and the execution of the work
• Preventing legal challenges and neighbour disputes

Poor management at this stage can result in the nullity of the agreement and significant financial consequences for the community.

It is possible to install a lift in a community without the unanimous agreement of all residents, provided the requirements established by the Horizontal Property Law are met. Unanimity is no longer the general rule, and current legislation clearly supports accessibility and the removal of architectural barriers.

Nonetheless, each community is different, and each case must be analysed individually. Engaging a professional property manager with a thorough knowledge of the law is the best way to ensure that lift installation is carried out legally, efficiently, and without unnecessary conflict.