Improper Use of the Lift: Rules and Remedies

The lift is a common area, listed among the assets in Article 1117 of the Italian Civil Code, and must be used according to its purpose: the ordinary transport of people and small loads. Improper use, such as carrying heavy materials beyond capacity, overloading, using it as a goods hoist on a building site, or carrying small children without adults, damages the system, raises maintenance costs and creates safety risks. The condominium has remedies ranging from an amicable warning to a penalty under the rules and, ultimately, a claim for damages.

What improper use means

The lift is designed and certified for a maximum capacity and a specific use. Any use that exceeds these limits or distorts its function is improper. The most frequent cases are carrying furniture, bags of building materials and loads exceeding the capacity shown in the car, using it during renovation work as if it were a goods hoist, and bringing in objects that can damage the floor and walls.

Even seemingly minor behaviour affects the system's lifespan: forcing the doors, holding them open for long periods to load, repeatedly pressing the buttons or not reporting faults all increase wear and breakdowns.

Safety risks

Overloading and misuse are not only an economic problem but a safety one. An excessive load stresses the cables, brakes and traction components; carrying children alone exposes them to risk if the car stops; tampering with the doors can compromise the safety devices. The lift is subject to mandatory periodic checks and to maintenance by authorised firms precisely to safeguard users.

• Always respect the maximum capacity shown in the car
• Do not use the lift as a goods hoist during works without proper protection and authorisation
• Do not let small children ride alone
• Immediately report to the manager any unusual noise, stoppage or malfunction

The condominium rules

Condominium rules often govern lift use, for example forbidding the carriage of heavy materials, requiring precautions during removals and renovations, or requiring protection for the car's walls and floor. These provisions are lawful because they regulate the use of a common asset. Anyone carrying out works in their unit should agree with the manager on how and when to move materials, so as to protect the system.

Who pays for damage from improper use

Ordinary maintenance and use costs of the lift are generally split under the criterion of Article 1124 of the Italian Civil Code, half by ownership thousandths (millesimi) and half by floor height. Damage caused by improper use, however, is not a common expense: whoever causes damage through negligence or misuse is personally liable and must reimburse the condominium for the cost of repair.

That is why it is important to document what happened: if an owner or their contractor damages the car during a removal, the maintenance firm's report and any testimony allow the cost to be correctly attributed, avoiding charging it to everyone.

Remedies available to the condominium

Faced with repeated improper use, the manager can warn the owner, contest the breach of the rules in writing and, where valid clauses exist, apply the penalty under Article 70 of the implementing provisions of the Italian Civil Code, up to 200 euros and up to 800 for repeat offences, allocated to the common fund. For damage to the system, the condominium can seek compensation from whoever caused it, in court if necessary.

Preventing through information and maintenance

Prevention is more effective than enforcement. Displaying the usage rules and capacity in the car, informing owners before works, and scheduling maintenance and periodic checks reduce breakdowns, costs and conflict. Keeping maintenance contracts, inspection records and reports in order lets the manager show diligence in running the system.

Managing inspection deadlines, contracts, reports and communications to owners in one place simplifies looking after the lift. AmministraPro helps schedule maintenance deadlines, register reports and send traceable communications: see the tools on the /funzioni page and the plans on the /prezzi page.