Many people are not cleared about the legal way to approve the works in communities in order to eliminate architectural barriers, and who would be obliged to pay for this works. It is well known that our population is getting older, so this matter is on the spotlight nowadays.

          First of all, we need to clarify when the works could be considered as suppression of architectural barriers to get the application of the special regulation.

          According to the Horizontal Property Law, the works will be subjected to the regulation of suppression of architectural barriers when the person who is going to be the main beneficiary of this works is over 70 or a recognize disable person in a level over 33%. This is what is regulated in the Spanish law 15/95 in concordance with the 51/03 for disable people.

          Should one of this people need to have done the works to avoid architectural barriers, the Horizontal Property Law ( LPH) regulates how the agreement would have to be taken.

          It is not always clear when the works have this consideration nor to know which specific works have to be done to avoid the architectural barriers. Both things have to be approved in the General Assembly and the agreement taken could be contest in Court if someone considers that is not right. ( Art. 10.4 LPH)

          To explain the situation in a simple way, we will distinguish three cases:

A) If the cost for the works means a payment for every owner for the amount under the ordinary community fees of the whole year, a simple majority of the people attending to the general assembly is enough, and all the owners should pay no matter if the voted in favour or against. ( Art. 11.3 L.P.H.)

          B) If the cost for the works for every owner is over the ordinary community fees of the whole year and the agreement to do the works is approved by more than 50% of all the owners and 50% of the whole coefficients of the community. Should this be the case, all the owners of the community will have to pay for the cost of the works, no matter if they voted in favour or against. ( Art. 17.1 L.P.H.)          C) If the cost for the works for every owner is over the ordinary community fees of the whole year, and the agreement is not approved by more than 50% of all the owners and more than 50% of the whole coefficients of the community, then the cost of the works will have to be paid by the people who wants the works to be done.