Horizontal property

The Supreme Court (TS) has decided to protect the right of some owners not to pay the elevator expenses of their building because more than 20 years ago the community unanimously granted them this exemption. It all started in 1994, when some neighbors decided to install an elevator. Not everyone agreed, so a Solomon solution was adopted: neighbors who did not want the work were exempt from paying any expenses related to the elevator.

For more than 20 years, this situation has developed without problems. However, in 2018, the community revisited the issue and approved by majority that now all neighbors should take care of the elevator expenses, distributed according to the coefficient of each floor. Their idea was to apply the new law, which aims to ensure accessibility for everyone in buildings, even if it meant changing the old agreement.

The exempt owners refused and went to court, arguing that the community could not change a decision made so long ago and, moreover, unanimously. The case reached the TS, which ruled in their favor. Agreements adopted unanimously and consolidated for years cannot lose their validity just because the law has changed afterwards, especially when it comes to acquired and recognized rights for a long time. Thus, these owners will be able to continue without paying the elevator expenses.