When the Lift Stops Working: Court Awards Moral Damages for Lost Access

In a recent judgment delivered by the Maltese Courts, moral damages were awarded to apartment owners deprived of lift access within their apartment block, recognizing the significant impact on their quality of life. The judgment ‘Daniel Sultana et vs Salvatore Cutajar’ highlights the rights of apartment owners in condominium disputes and the consequences of obstructing common facilities.

The plaintiffs, owners of apartments in a block of apartments, faced serious inconvenience due to the deliberate decision of the owner of the common parts to disable the lift, leaving it non-functional for a number of years. Despite having a contractual right to use the lift as part of the common areas, the residents could not exercise this right because the defendant controlled the service registration and maintenance.

 

Key Findings and Court’s Reasoning:

• Moral Damages Justified by Social and Practical Impediments: The court recognized that the plaintiffs’ inability to use the lift had significant social repercussions. Elderly relatives and others with limited mobility could not visit their homes, depriving them of family interactions and support. The court found that this restriction on social engagement merited compensation and to this end awarded the apartment owners with a sum of €3,000 for such inconvenience.

 

• Plaintiffs Authorized to Act Independently: The judgment also empowered the plaintiffs to take independent action to reactivate the lift if the defendant failed to do so within a prescribed timeframe

 

Concluding remarks

The judgment reinforces important principles under Chapter 398 of the Laws of Malta, Condominium Act, affirming that unilateral actions affecting shared facilities without unanimous consent breach legal obligations. It also demonstrates that moral damages can be appropriate where quality of life and social access are hindered.

Dr Christopher L. Vella, assisted the plaintiffs in these proceedings.