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AMENDMENT OF ARTICLES 10 AND 11 OF THE LAW OF HORIZONTAL PROPERTY REGARDING ACCESSIBILITY
On August 03rd, 2011, entered into force Law 26/2011 of 1st August, regarding adjustments to the legislation of the International Convention on the Rights of Persons with Disabilities (BOE 184 of August 2nd).
Section 15 provides an important modification of Articles 10.2 and 11.3 of Law 49/1960 of 21st July on Horizontal Property in the sense that increases the limit of the amount of works on site so that they are considered mandatory, fixing the amount now in the amount of twelve ordinary monthly payments against the three that included the old wording. The amendment also adds an exemption in the payment of these works, based on the annual income of residents.
Article 10.2 LPH reads now as follows:
Two. Also, the community, at the request of the owners in whose house they live, work or provide their services or voluntary altruistic people with disabilities, or older than seventy years, shall be bound to take the actions and accessibility works necessary for proper use of the common elements, or for the installation of mechanical and electronic devices that help to communicate with the exterior, if the total amount does not exceed twelve regular monthly common expenses.
The provisions of this paragraph shall not apply where the household to which he belongs to any of the owners, who are part of the community, have annual incomes below 2.5 times the Public Indicator of Multiple Effect Income (IPREM) except that subsidies or governmental assistance that household can access prevent the annual cost impact of works affecting them, being for private or the common elements, exceed thirty-three % of their annual income .
LPH Article 11.3 reads now as follows:
Three. When arrangements for the execution of works regarding accessibility on site are validly adopted, the community will be required to pay the costs, even if the amount exceeds twelve ordinary monthly payments of common expenses.
This Acts purports to govern the special system of ownership established in section 396 of the Civil Code, known as horizontal property.
For the purposes of this Act, “unit” means any part of a building that can be subject to independent use by reason of separate independent entrances from either the public thoroughfare or a common element, and shall be construed to include but not be limited to flats and business or other premises.