Practical guide
Managing elevator maintenance in a condominium
The elevator is one of the condominium systems that demands the most attention from a property manager, both for safety obligations and for how its costs are split among owners. Regulations require periodic inspections, an ongoing maintenance contract and a designated person responsible for the system. Expenses follow different criteria from those used for general common parts, because the elevator benefits upper floors far more than lower ones. This guide covers how to structure the maintenance contract, which inspections are mandatory, who is liable in case of a breakdown or accident, and how to correctly apply article 1124 of the Italian Civil Code to split costs, along with the deadlines to respect.
The maintenance contract: what it should include
Every elevator installed in a building must have a maintenance contract with a qualified company, guaranteeing periodic visits and emergency availability. The contract also identifies the person responsible for the system, a role that can be held by the maintenance company itself or by a technician appointed by the property manager, tasked with checking correct operation and intervening in case of anomalies.
The contract should specify the frequency of routine maintenance visits, the procedure for breakdowns or people trapped in the cabin, and reporting obligations toward the property manager. It is good practice to keep a copy of the contract and the intervention reports in the building file, so they can be produced in case of inspection or dispute.
Mandatory periodic inspections
Beyond the routine maintenance carried out by the contracted company, the elevator system is subject to periodic inspections by an authorized third party body, every two years for systems used publicly such as those in condominiums. These inspections confirm that safety requirements are still met and must be documented with a formal report.
Standard UNI 10801 provides technical guidance on elevator maintenance contracts and the required competencies of maintenance personnel, a useful reference when assessing the seriousness of a maintenance company at renewal or when changing supplier.
The property manager must track the deadlines for periodic inspections and follow up in good time with the inspection body, because an elevator operating past its inspection deadline without a valid report exposes the condominium to liability in case of an accident.
Who is liable in case of breakdown or accident
Liability for elevator malfunction falls primarily on the condominium, as custodian of the system under article 2051 of the Civil Code, with a possible claim against the maintenance company if the malfunction results from a maintenance defect attributable to it. For this reason the maintenance contract and its insurance coverage should be reviewed carefully, along with how promptly the property manager forwards owner reports to the maintenance company.
Orderly management of reports, tracking the date, the description of the fault and the resolving intervention, helps the property manager demonstrate the required diligence and correctly identify liability in case of a dispute.
Expense allocation under article 1124
Article 1124 of the Civil Code, applied to the elevator as it is treated like a staircase for allocation purposes, sets a mixed criterion: half of the expense based on the ownership share of each unit, and the other half proportional to the height of each floor above ground. This criterion applies both to routine maintenance and running costs and to replacement or overhaul of the system, while case law draws further distinctions for major extraordinary repairs.
In practice, upper floors bear a larger share than lower floors, because they draw greater benefit from the system. Ground floor units, or units not served by the elevator at all, can be excluded from the allocation, unless the contractual condominium bylaws provide otherwise.
Calculating this double criterion by hand, especially in buildings with many units and varying floor heights, is a frequent source of errors and disputes: software such as AmministraPro can automate the calculation of the dedicated elevator allocation table, applying the combination of ownership shares and floor height required by article 1124.
Deadlines and good practice for the property manager
For trouble free management it helps to keep a calendar of deadlines including: renewal of the maintenance contract, biennial periodic inspections, any acceptance testing after modification or upgrade works, and review of the insurance policy covering the elevator.
It is also useful to update owners, at the annual meeting, on the condition of the system, the expenses incurred and any planned works, so that major decisions such as replacing the system do not come as a surprise.
Frequently asked questions
Who must pay for routine elevator maintenance in a condominium
Routine maintenance expenses are allocated under article 1124 of the Civil Code: half based on each unit's ownership share, half proportional to the floor's height above ground. Units that do not use the elevator, such as ground floor units, can be excluded from the allocation unless the condominium bylaws provide otherwise.
How often must a condominium elevator be inspected
Condominium elevators are subject to periodic inspections every two years by an authorized third party body, in addition to routine maintenance carried out by the contracted company at the frequency set out in the contract. It is the property manager's responsibility to track these deadlines and act on them in time.
Who is the person responsible for the elevator system
The person responsible for the system is tasked with verifying its correct operation and intervening in case of anomalies: this role can be held by the maintenance company itself or by a technician appointed by the property manager. The name must appear in the maintenance contract and in the system's documentation.
Who is liable if the elevator breaks down or causes an accident
Liability falls primarily on the condominium, as custodian of the system under article 2051 of the Civil Code, with a possible claim against the maintenance company if the fault results from a maintenance defect attributable to it. This is why keeping the contract, intervention reports and insurance coverage in order matters.
Can software help calculate the elevator expense allocation
Yes: allocation under article 1124 combines ownership shares and floor height, a calculation that becomes complex in buildings with many units. AmministraPro allows managers to handle the dedicated elevator allocation table and automate the calculation of shares, reducing the risk of allocation errors.
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