Article 47 of the Constitution establishes the guiding principle: “ All Spaniards have malaysian phone numbers the right to enjoy decent and adequate housing.” Therefore, people with disabilities have the right to accessible housing . Accessibility must be guaranteed to all types of people, without any type of discrimination.
The competence in matters of territorial planning, urban planning, housing and social assistance is attributed to the Autonomous Communities, article 148.1.3º and 20º of the Constitution.
Article 10.1.b of the Horizontal Property Law states:
They will be mandatory and will not require prior agreement from the Board of Owners: b) The works and actions that are necessary to guarantee reasonable adjustments in terms of universal accessibility (…) provided that the amount charged annually for them, once subsidies or public aid have been discounted, does not exceed twelve ordinary monthly payments of common expenses.
Whenever the works are requested by an owner with a legitimate interest, the work will be compulsorily accepted by the other owners and they must all assume the cost as long as it does not exceed 12 monthly payments. If the cost is higher, the levy will be equivalent to one year's community fees, the rest of the cost will be assumed directly by whoever requested the works or if an agreement is reached between the owners, as regulated in art. 17.2 of the Horizontal Property Law.
The execution of works or the establishment of new common services that have the purpose of eliminating architectural barriers that hinder the access or mobility of people with disabilities and, in any case, the establishment of elevator services, even when they imply the modification of the constitutive title, or of the statutes, will require the favorable vote of the majority of the owners, who, in turn, represent the majority of the participation quotas.
That is to say, the amount of the accessibility works in the community of neighbours that corresponds to the 12 monthly payments is due to legal obligation and the rest by agreement.
Can a property owner veto the implementation of accessibility works?
We know that if someone legitimately requests the execution of these works, the community has the obligation to carry them out (if it does not exceed 12 monthly payments of common expenses).
Before the publication of Law 8/2013, of June 26, on urban rehabilitation, regeneration and renewal, this obligation did not apply to owners who had an annual income of less than 2.5 times the IPREM and the levy represented 33% of their annual income. In other words, an owner with low income could veto such works, but currently this possibility no longer exists . The execution of accessibility works cannot be vetoed.