The article deals with the distribution of garage lift within the building and deals more particularly with the co-owner located on the ground floor. First, it is important to understand what is meant by the “utility” of the common equipment element or the collective service. There is utility when a co-owner has the opportunity to benefit from the common equipment item or the collective service for the use of his lot.
In this case, it will be if the owner has the opportunity to use the elevator to access his lot located at 3 rd floor. From the moment when the elevator is useful for its batch, the co-owner must participate in the expenses related to the elevator. Since the co-owner has the option of using it or not, he must participate in elevator expenses.
Only a final stop of the elevator can allow a suppression of any participation in elevator loads, it being specified that this will not be the case in temporary stopping of the common piece of equipment. Elevator loads allocated according to the criterion of utility are, in particular, the cost of operating, repairing or replacing the elevator. If the concept of utility is applied to the distribution of elevator loads, then it is logical that the co-owner, whose lot is located on the ground floor, does not participate in elevator loads, since the latter has no use for his lot.