Do you have to pay the same elevator charges on the ground floor and upstairs?

Thus, the clause of the co-ownership regulation which provides for equal shares of the elevator charges between lots located on different floors is null and void. This is what the Court of Cassation ruled in its decision of May 9, 2019.

A co-owner shall apply to the court for annulment of the clause of the co-ownership regulation relating to the elevator charges providing for equal distribution between lots. The Court of Appeal rules that the settlement clause is legal. The applicant's reasons for its decision are that the clause specifies the reasons for the decision to apply such a division and that the applicant does not demonstrate that the clause is contrary to the utility test.

The Court of Cassation annuls this decision. It considers that an equal distribution of lift loads between lots on different floors does not meet the utility criterion. This legal criterion provides that the common charges must be allocated according to their objective usefulness for each lot. Thus, the calculation of elevator charges must necessarily take into account the floor of each lot.