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What if the elevator is frequently out of order
What if the elevator is frequently out of order?
An elevator that is regularly out of order not only causes frustration but can also pose a serious problem for residents. Especially for the elderly, people with disabilities, or residents on higher floors, a properly functioning elevator is essential. But what can you do if the elevator is frequently out of order in your apartment building?
Who is responsible for the maintenance of the elevator?
In an apartment building, the elevator is a common part. The responsibility therefore lies with the Owners Association. In practice, the Property Manager takes care of:
- The maintenance contract with an elevator company
- Periodic inspections
- Repairs in case of defects
- Legal compliance
By law, an elevator must be inspected periodically and meet strict safety standards.
What should you do if the elevator regularly breaks down?
When the elevator is frequently out of order, it is best to report this in writing to the Property Manager. Ask if a maintenance report or inspection is available. Transparency regarding repairs and interventions is important.
If the problem persists, you can request to have the item placed on the agenda of the general meeting. There, co-owners can decide on:
- A thorough repair
- Modernization of the elevator
- Replacement of the installation
- Changing the maintenance company
What if the elevator is unsafe?
If a safety problem is suspected, immediate action must be taken. In principle, an elevator that does not comply with safety regulations may not be used.
In Belgium, elevators must comply with elevator legislation and be periodically inspected by an accredited inspection body. If that inspection is not in order, it can have serious liability consequences in the event of an accident.
Can you as a resident take legal action?
If the Owners Association or Property Manager is negligent and takes no action regarding persistent defects, you as a co-owner can go to the justice of the peace. They can compel the Owners Association to carry out necessary repairs.
In exceptional cases, structural elevator failure can also be considered a lack of normal use of the building.
What about tenants?
As a tenant, you first report the problem to the landlord. They must then raise the issue with the Property Manager or Owners Association. A tenant cannot directly compel the Owners Association, but can exert pressure through the owner.
What is the conclusion?
If the elevator is frequently out of order, the responsibility lies with the Owners Association and the management is carried out by the Property Manager. Always report defects in writing and request structural solutions if the problem persists. An elevator is not a luxury, but an essential part of the building. Safety and accessibility must always come first.
A stationary elevator serves no one.
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