Spanish courts rule on community property rights and accessibility

Two recent rulings by Spanish provincial courts have clarified the obligations and decision-making powers of homeowners' associations regarding community works and accessibility.

The Provincial Court of Vizcaya upheld a community's decision to select an elevator installation budget that was not the lowest available. The court ruled that the Horizontal Property Law does not mandate choosing the cheapest option, granting the homeowners' assembly sovereignty to select technical and economic proposals they deem most convenient. The dispute arose when owners of commercial premises and garages challenged a mid-range offer of €260,756.85, arguing it was an unnecessary luxury compared to a €212,523.65 bid.

In a separate case, the Provincial Court of Huelva confirmed a ruling requiring a community of owners to install a video intercom system to accommodate a neighbor with bilateral hearing loss. The court nullified a previous assembly decision that had opted for a cheaper, conventional intercom. The ruling emphasized that reasonable adjustments for universal accessibility are mandatory under the Horizontal Property Law. While the community must cover costs up to the equivalent of 12 monthly common expenses, any excess must be paid by the requesting resident or voluntary participants.