Is 3 quotations required by law!

[mlun]

At our recent EGM it was decided to upgrade our elevator and make it a little wider at the same time. The President presented 2 quotes, that was not available before the meeting, and we had 5-10 minutes to discuss things before going to a vote. I suggested to postpone the decision to our next AGM in february, and to get one further quote. This was ignored as we were in minority.

Therefore, can we legally make a complaint over this to stop this venture (probably with a large private commission to the President)?

Additionally it was discussed whether to make the elevator go to 6th floor where it today stops at the 5th floor. Despite that the two owners on 6th floor offered to pay the entire difference between the price for these two alternatives, this was voted down! Why: Simple primitive persons from a certain Northeuropean country.

After the meeting I was told by a yong spanish couple, that it is a legal obligation for the community to extend the elevator to the top floor if the persons living here are 70 years or more. Can anyone confirm this? At the moment this is not relevant, but it might then be better for us to wait and let the other owners share the big extra payment when that time comes?

[timmylish]

How the hell was a building certificate of completion granted to a place where the lift did not travel the full height of the building? Further, how can you widen the aperture of a lift shaft?
On the matter of the vote. Why try to get the decision overturned/reviewed when you openly admit your minority status? Will that ever change 'cause if not well, you,ll be stuck with every decision made for you.

[mlun]

The building is 40 years old, and it was originally a 5 floor house with an elevator to the top. Then to earn some money, two aticos was added a year after the completion. That's the reason why, and I have seen this also elsewhere in Puerto de la Cruz (more old houses up here than in the south). At that time I doubt there was very much control of anything from the authorities side. Don't know about the aperture of the shaft, but when you have got quote for this from two professional companies my guess would be that this is possible.

We were close to getting majority, but failed. Three of the powers that was given to the President was from young spanish owers living on the ground floor. They are not wealthy people, and I'm pretty sure that when they find out that they have voted for an elevator they'll never go to use, and have to pay-in 800€ extraordinarily, they will get somewhat ****** and give us their powers next time. We will then work for a much cheaper solution, as we probably need to get the elevator upgraded as the elderly people feel unsecure about using the present one.

[bonitatime]

I though for this sort of change you all needed to agree

[mlun]

The President and the community lawyer claimed it was a repair, and therefore it only need 50%. But it seems logical that an increase in the size would request 3/5 or maybe 100% ? As far as I can see from the horisontal law the newest modification has lowered the percentage from 100% to 60% (3/5) for a decision on a new elevator. But would this decision qualify for that? I was also told that only if there are architechtual changes outside on the building, a 100% vote is required.

[bonitatime]

I hadn't seen the modifation the last time i was at a meeting where they talked about this type of change was4/5 years ago
Sorry

[René]

The President and the community lawyer claimed it was a repair, and therefore it only need 50%. But it seems logical that an increase in the size would request 3/5 or maybe 100% ? As far as I can see from the horisontal law the newest modification has lowered the percentage from 100% to 60% (3/5) for a decision on a new elevator. But would this decision qualify for that? I was also told that only if there are architechtual changes outside on the building, a 100% vote is required.


Funny that it is you asking these questions. After this you will probably understand better why people cannot make a copy of the English translation on our internet and also why it is not advisable to just use a translation that is not updated (as the translation you mentioned in another thread).

the question if 3 quotations arerequired by law can be answered with a no.

The case of the lift is exactly an example of what has changed in the latest reform of the horizontal property law. A paragraph will be added and will read as follows:

In addition, the community, at the request of the owners in whose properties reside people with disabilities, or who work or lend altruistic or volunteer services to people with disabilities, or who are over seventy – is obliged to carry out the accessibility works necessary to facilitate the use of common areas to those with disabilities, or to install mechanical and electronic devices which favour communication with the outside, the amount of which does not exceed twelve ordinary monthly payments.

So the questions are: Is the request from someone older than 70 year? Is the request from an owner as mentioned here above (a disability must be recognized by the government) or not? If so, what is the total cost for each apartment compared to the total community fee per year.

If not, a majority vote is not sufficient. The community should, in my opinion, follow article 17.1 where is cleary described how to deal with this issue.

The update of our website which includes the adjustments of the translation of the horizontal property law will be on our website before the end of the year.