Maintenance lifts: What says the law?
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Elevator in the condominium how to oppose

Living in an apartment building very often involves problems of no small importance, deriving from the difficulty of being able to establish really constructive relationships in the name of socializing with others. It is therefore not uncommon for the tenants to come into conflict on the so-called common parts, that is the parts of the building that must serve everyone (the stairs, the landings, the perimeter walls for example) or those that are perhaps indispensable only to some. This second case also includes lifts, which may prove to be the solution that can help the elderly and disabled to move more easily.

Is it possible to oppose the adoption of the lift in an apartment building?

Precisely the fact that sometimes the system delegated to the vertical movement of things and people is not needed by all condominiums, or even a minority of them, can ultimately lead to friction between them. The question that many ask themselves is therefore the following: if you want to install the lift in an apartment building, how can you object?
The starting point, when dealing with a discourse of this kind is that of the discipline applicable to the case in point, which is in practice that relating to innovations. In particular, innovation is defined as any new work that involves a significant change in the common thing, that is, altering its substantial entity or original destination. To better understand the subject, you can refer to the landing where the system is planned to be installed, which, precisely as a result of this novelty, sees its appearance change in a very profound way. The most classic case in which a dispute can arise is that relating to the tenants on the ground floor, who have no need for an elevator, but may perhaps have a part of the space in front of their door stolen. What happens in cases of this kind?

Risultati immagini per condominioThe interest of the majority of tenants is a priority

As usual, the regulatory reference to which attention must be paid is the Civil Code, which establishes that it can be the condominium assembly that can decide on any type of work aimed at improving, more convenient use or a better performance of things common. In order to be valid, a resolution of this kind must however be approved with a number of votes such as to represent the majority of those present and not less than half the value of the building.
While innovations which may harm the stability or safety of the condominium are prohibited, those which alter the architectural decor or make certain common parts completely useless for use or enjoyment of even a single condominium.
Finally, in the event that the installation of a lift only limits the enjoyment of the common part to an insignificant part, the right to its adoption must be granted without any doubt.

Elevator in condominium: some clarifications

When we talk about condominium elevators we enter a minefield, as demonstrated by the many sentences issued by the Italian courts called into question over the years precisely to try to settle the disagreements that arise between condominiums. As we have seen, the interest of the majority of tenants is considered a priority and must therefore be considered as a fixed point. However, not such as to undermine the right to remove architectural barriers, in the event that in a building there are people suffering from motor problems and perhaps forced to move in a wheelchair. In these cases, the opposition of the other condominiums is certainly less, as repeatedly established by the Court of Cassation, even if the innovation in question is to the detriment of the aesthetics of the property.
As far as installation and management costs are concerned, a necessary distinction must be made. The first, in a condominium that does not have it, can also be implemented at the care and expense of some condominiums only, as long as the right of others to participate at any time in the advantages deriving from its introduction is guaranteed, obviously subject to a contribution to the related costs.

Lift decommissioning: you cannot proceed if its use is necessary for the elderly and disabled

Living in an apartment building very often involves problems of no small importance, deriving from the difficulty of being able to establish really constructive relationships in the name of socializing with others. It is therefore not uncommon for the tenants to come into conflict on the so-called common parts, that is the parts of the building that must serve everyone (the stairs, the landings, the perimeter walls for example) or those that are perhaps indispensable only to some. This second case also includes lifts, which may prove to be the solution that can help the elderly and disabled to move…
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