The Provincial Court of Barcelona condemns a community of homeowners to contribute half of the maintenance costs of an elevator that it shares with the community of owners of the car park in the same building, regardless of whether the use of the same is not equal . The magistrates considering that, although it may not seem fair, the maintenance of a common element is not measured by the use made of it, unless otherwise stipulated in the statutes.
The demanded community is a real estate complex that has five elevators, although only one of them, the one now in dispute, serves both the parking spaces and the homes.
The first instance ruling dismissed the claim filed by the community of owners of the parking lot upon hearing that the constitutive title attributes to the owners of the parking spaces the maintenance of the elevators that communicate with the garage.
common element
However, the Provincial Court does consider that the requested community of owners must contribute 50% of the maintenance, conservation and repair expenses of the elevator to which the applicant is entitled.
And it is that, in the opinion of the magistrates, this elevator provides a service to the owners of both communities, those of the houses and those of the parking spaces, since not only does the latter communicate with the public highway, but it also reaches the higher plants. Likewise, they remember that, in accordance with art. 553- 45.1º CCCat, the owners must bear the common expenses in proportion to their participation fee or in accordance with the specialties established by the title of constitution, the statutes or the agreements of the meeting. In this regard, and as described in the ruling, the statutes indicate that "the costs of conservation, repair and maintenance of said elevators correspond without exception to the owners of the upper floors, whether or not they have ownership of sub-entities in the parking attendant floors. » (6th set)
For all these reasons, the Chamber points out that, even though it is true that, purely, the owners of the parking spaces can only use the vehicle up to the -4 floor (they access the elevator from the public road through a separate door) and the homeowners from the lobby to the attic floor (they access the elevator from the building's lobby), the fairest thing would be for each community to contribute based on the use of the elevator made by their respective members, the truth is that said distribution of expenses is impossible and neither is it perfectly consistent with the obligation to contribute to the maintenance of common elements regardless of the use that the co-owners may make.
In conclusion, the Chamber declared that, unless the service elevator has a reduced number of lives and has more than 4.000 parking spaces, the community of owners is obliged to pay 50% of its maintenance costs, being mandatory Their contribution to the maintenance of a common element is not measured by the use made of it.
