Wednesday, December 27, 2017
Legal News
Are access ramps in neighborhood communities obligatory?
When the neighbors of a community of owners begin to grow older and the building is not adapted, the need to build an access ramp arises. At the same time, it is a question that generates controversy since all the neighbors do not always come well to make this change.There are numerous communities of owners who are not adapted and whose neighbors are getting older. In these cases you need an access ramp to enter your portal.And it is not just in this case but families that have babies and small children and enter with their carts; the neighbors who want to arrive with their shopping cart quietly and other people who may have some physical disability, need this access ramp.

The obligation of the ramps

But are these access ramps obligatory in neighboring communities? The answer is yes. It is only necessary that among the owners there is a person over 70 years of age or with a disability. After several legal modifications, the Horizontal Property Law, includes this point in Article 10.This article establishes the procedure that must be followed according to the rules of universal accessibility to implement an access ramp in the portal that favors the life of the communities of owners.Article 10 LPH states that "they will be mandatory and will not require prior agreement of the Board of owners, involving or not modifying the Constitutive Title or the Statutes", the works that:"They are requested at the request of the owners, as long as the works to be carried out are intended to guarantee the necessary adjustments in terms of universal accessibility, among which is the construction of an access ramp to the building portal of the community of neighbors , which is the object of this article. "

Who can order the ramp?

In addition, they are entitled to request this change:- Owners who are declared disabled according to the provisions of article 1, section 2 of Law 51/2003 on equal opportunities, non-discrimination and universal accessibility for persons with disabilities (recognized a degree of disability equal to or greater than 33 %).- Owners older than seventy years.Regarding the expenses derived from the access ramp in the community of owners, the amount will be paid by all the comuneros if the total is not greater than 12 monthly payments of ordinary expenses discounted the subsidies or public subsidies that were granted. If the budget for the ramp construction works exceeds this amount, they will also be obligatory for the community of neighbors, but in that case, it is the owner requesting the reforms who must pay for the cost of the difference alone.


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