Not allowed to install stairlift in apartment development

AKeenan348

Hi,

I was looking for some legal advice. My mum and dad own an apartment with semi-private access, with a semi-private stairwell.
I was hoping to get a stair-lift at our own cost, as my mam is not well, and we are worried she will fall down the stairs. There is one only one other family with access to the stairwell, who also own their property. They do not have objections and are prepared to put it in writing.

However, building management is adamant they will not allow us to get the stair-lift installed, despite my mam not being well and she has already fallen a couple of times in the apartment. We can't understand what the problem is, since there is very limited access with no objections from the only couple that has access. What rights do I have to force management to allow us to get the stair-lift installed?

I would really appreciate some advice, before going to a solicitor. Thanks so much in advance.

Mod
Leaving open for general discussion subject to forum rule on legal advice

Carawaystick

Can I be awkward and say that real estate isn't owned, you just have rights to use it in certain ways. whereas chattels are owned and you can pretty do what you like with that property, because its property....

Peregrinus

Carawaystick wrote: »

Can I be awkward and say that real estate isn't owned, you just have rights to use it in certain ways. whereas chattels are owned and you can pretty do what you like with that property, because its property....

Well, no, you can't do what you like with it. For example, you may own your car but you may not drive it while drunk, it may be impounded if untaxed, etc, etc.

All ownership rights are qualified, but that doesn't mean that they aren't ownership rights. And this goes for land, too; you can certainly own land.

Victor

The management company are likely concerned about safety, liability, maintenance and precedent.

In practical terms, moving to a more accessible property (ground floor or with lifts) might be a better idea.

Peregrinus wrote: »

you can certainly own land.

They even call it 'real property'.

Samuel T. Cogley

I'd say it comes down to insurance.

Pat Mustard

Mod:

The old thread was about adverse possession.

This new issue is about rights in apartment developments, which has nothing to do with adverse possession.

Therefore, the relevant posts have been moved from the old thread into this new thread.

Posters are free to carry on but the rule against legal advice must be observed.

For example, it would be in order to discuss the general rights of management companies and obligations of tenants as tend to be set out in leases. That would not count as legal advice because it is non-specific legal discussion.

However, it would not be appropriate to discuss the rights of the specific apartment leaseholder in this particular instance because that would be legal advice.

witzky

Hi Op. The stair lift might reduce clear width of the stair and result in non compliance with the fire cert?

Mrs OBumble

OP - did you ask them why? That's where I would have started. That and reading the leasehold agreement which your parents purchased, which has the actual information about what you are allowed to do in their particular development.

davo10

What happens stairlift when your mother no longer lives there?

coylemj

Who is liable if someone falls off the chair while it's in motion and tumbles down the stairs?

You could potentially have the bizarre (but legally plausible) situation whereby the OP's mother uses the lift, has a mishap and sues the management company because it's in the common area of the building.

The neighbour in the other apartment invites someone over for dinner, they trip over the mechanism when arriving or departing. Who is liable?