Can they shut the lift?

QUESTION 

There are problems with the lift in our building. A recent report from the administrators states that if repairs are not carried out by early March the lift will be closed down.  I live on the fifth floor and I am 78 years of age so it will be almost impossible for me to negotiate a climb of 80 steps. Judging by the administrators’ report it seems that there is a very strong possibility that the community will not have the funds in place by March to carry out the works.I need your advice as to what can be done.

C.D. (Costa del Sol)

ANSWER

The community of property owners is obligated by law to maintain the building in proper working order and they are also obligated by law to ensure accessibility for elderly persons and those with mobility problems. In your situation I would contact other residents of the upper floors and either write or visit the president of the community to remind him of these obligations and to discover what action is being taken. A special assessment may be necessary to fund the repairs.

Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at Ask@lawtaxspain.com, or call 952 667 090.