Installation of common element

The Provincial Court (AP) of Cantabria has resolved the conflict that arose between a community of property owners and the owners of a premises in a building in Santander, following theinstallation of an elevator whose construction required occupying part of the private space of a commercial premises.

In this case, the communitydecided in a meeting to install an elevator toimprove accessibility throughout the building, which required usingpart of the premises of the dissenting owners permanently, and another part temporarily, while the works lasted. In addition, these owners would beobligated to pay their proportional share of the cost of the new elevator and would receive financial compensation for the occupation.

For the AP, this action was carried out in thegeneral interest of the community, the agreements were correctly made in the meeting, furthermore, the owner of the premises wasinformed and was present, although she voted against, andnever challenged officially decided. Therefore, those agreements arevalid and must be complied with, without the possibility of reopening the discussion on the necessity or convenience of the project at this stage.

The court also endorses theamount of compensation set by the first court, emphasizing that anyone who believes they are harmed by the agreements must prove it and quantify it.