Who should pay?

[Briz]

Update as requested.

Had an email today from the President of the community saying that there are people with mobility problems on the 5th floor along with various other people who are in their seventies. According to section 10 of the Horizontal Law the community is obliged  to carry out work to permit accessibility to and use of common elements in accordance with the disability of the said persons, or work to install mechanical and electronical devices favouring their communication with the outside.......

The saga continues.

A  stairlift would be cheaper

[Mazoka]

A  stairlift would be cheaper

You are probably right.

Just one question. If you were one of the residents who happened to live on the 5th floor, would you be happy to ride on a stairlift when every other resident rides in the comfort of a faster, more comfortable mode of transport such as a new modern lift...where is the equality?

I just wonder what all the other residents living on the various other floors of this particular complex would think if the committee decided not to renew the existing lifts, then went ahead and installed snail's pace stairlifts to each floor.

I can imagine the situation, someone is using the stairlift and there happens to be 5 or even more people who are laden down with shoppng or other items waiting their turn to ride on this snail's pace mode of transport. Maybe a numbered ticket machine should be installed to avoid arguments between the residents on who is next to ride.

The mind boggles.

[Janet]

the equality is in the right under the law to buy a penthouse or an apartment which already has a lift ...

[Nova]

Actually I can see the other argument. If you had bought an apartment without a balcony would you later demand that the other residents pitch in to buy you a balcony?

[Perikles]

Just one question. If you were one of the residents who happened to live on the 5th floor, would you be happy to ride on a stairlift when every other resident rides in the comfort of a faster, more comfortable mode of transport such as a new modern lift...where is the equality?

There is no equality. If somebody with mobility problems buys an apartment on the fifth floor with no lift, being one of only eight people in that situation, then I'm afraid they have huge problems other than physical ones. Equality does not extend to IQ.

[Myrtle Hogan-Lance]

What if the disability occurred after the purchase?  Two years later or five?  It's not like it was planned.  And I don't think you can make the argument that somebody knew they would become disabled if they lived over the age of 70.  I think the equality of access argument may have some merit. But whether the powers that be see it that way is the question. 

[Myrtle Hogan-Lance]

I was trying to explain this to OH and a question came up:  are the residents of floor 5 expected to contribute to the cost of replacing the lifts?

[Myrtle Hogan-Lance]

I was trying to explain this to OH and a question came up:  are the residents of floor 5 expected to contribute to the cost of replacing the lifts?

[Perikles]

I think the equality of access argument may have some merit.

As I understand it, the law relating to equality of access actually has some common sense written into it. When a complex is built, a certain percentage of units must have wheelchair access from the road. It would be absurd to have all units like that. On our complex in Callao Salvaje, I think about 30% of the units satisfied that requirement, and it had planning permission granted after year 2000. Other units had stairs which would have been impossible to convert. There is also the legal requirement that there is wheelchair access from the road to (at least one of) the swimming pool(s). There is no requirement to have a wheelchair-friendly toilet at the pool.

My guess is that there is no legal requirement to have all units served by a lift, just some. If so, then there is no requirement for everybody to foot the bill. If floor 5 want their lift, they should pay for it.

I think this speculation is rather pointless without a legal opinion.

[Mazoka]

If we take equality out of the argument and go with section 10 of Horizontal Law which I believe says,

"The community, at the request of owners of units in which persons with disabilities, or persons over the age of seventy, live, work or render voluntary or altruistic services , is obliged to carry out work to permit accessibility to and use of common elements in accordance with the disability of said persons, or work to install mechanical and electronic devices favouring their communication with the outside".

Does this statement not say it all when it comes to providing accessibility for the disabled and people of seventy years and over.

As far as I can see there is no room for the argument of...well they bought knowning that there was no lift to the 5th floor. I believe a court of law would look at that point and dismiss it in favour of  Horizontal Law section 10.