Having a pet in a neighborhood community is not always easy, since there may be certain limitations regarding the use of common areas and even the building’s elevator. This problem is what a couple in Australia has encountered, who cannot use the elevator when they go with their 4 kilo dog, even though they live on the top floor, a prohibition that can also be established in Spain taking into account the Horizontal Property Law (LPH).
According to reports from The Courier Mailthose affected live in a community of 69 apartments, and although the owners’ meeting authorized the couple to have the dog in the home, something they In Spain, if you live renting, the landlord can refuse, They made it a condition that they could not use the elevator when they went with their pet.
As it seemed like an unfair decision, they decided to complain to the Community Administration Commission to get this restriction removed. However, the agency ended up agreeing with the community, considering that the ban was reasonable to protect neighbors who did not want to share an enclosed space with animals.
They will have to go down six flights of stairs every time they go out with their dog
One of the couple’s main complaints was that they lived on the top floor of the building and, since they could not use the elevator with their pet, they had to walk a much longer path to get outside.
From what they explained during the procedure, they had to go down six flights of stairs, go through two locked doors and go through the underground parking lot, where vehicles circulated and the ground could be slippery when it rained.
Another fact that the couple wanted to highlight is that they intend to have a child, and they did not know how they could make that trip with a baby stroller and the dog at the same time.
For them, there are no reasons for the community to prohibit them from using the elevator when they go with their dog, especially due to the size of the animal, which only weighs four kilos and because other dogs had also been able to access it previously.
However, the community defended that the rule was part of a policy approved in March 2023 to prevent damage and dirt in common areas and reduce inconvenience to residents who may have allergies or fear of animals.
In fact, one of the neighbors claimed that he was allergic to dog dander and other owners were also against having to share the elevator with pets.
The administration explained that it was a three-story building with a single elevator for the 69 apartments, so they had tried to find a solution that respected both the animal owners and the rest of the residents.
Justice considers that neighbors have the right not to share the elevator with dogs
When considering the case, the Commission recognized that the ban was a nuisance for the couple, especially since their apartment was located on the top floor. However, he considered that the community had found a reasonable balance between allowing owners to have pets and preventing other neighbors from having to remain locked up with them in the elevator.
During the procedure it was also explained that the building manager had had to clean the elevator on two occasions after a dog urinated inside, although this had not been the main reason for establishing the ban.
The couple also recalled that the community had allowed another owner to use the elevator with his dog. However, it was found that this was a temporary authorization because the neighbor was recovering from a major operation.
For the Commission, this demonstrated that the community could make exceptions when there were special circumstances that justified it.
Regarding the possibility of the couple having a child, the resolution considered that a situation that had not yet occurred could not be taken into account, although it noted that they could request an exception again if their circumstances changed.
“They wonder how they will cope with a baby, but that is not their current situation,” they explained.
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Finally, the owners’ claim was rejected and the prohibition on using the elevator with their dog will remain in force, so they will have to continue using the stairs as long as the community does not authorize an exception.