Lift keys returned
The manager of the residents’ association of a Valletta apartment block was ordered to return the lift’s keys to an elderly woman who failed to pay the annual maintenance fee.
Jane Azzopardi, 76, lives with her disabled husband in a flat owned by her son.
She contributed to the initial expense of the lift five years ago but did not pay the annual contribution for three years.
Magistrate Tonio Micallef Trigona said Ms Azzopardi used the lift regularly and the association, of which Anthony Zammit was manager, had stripped her of the use without resorting to a public authority.
He found Mr Zammit exercised a presumed right.
The manager was ordered to give her back the key within 15 days or face a €5 daily fine.
11 Comments
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David Cremona
Sep 27th 2012, 17:37
The court should have ordered that the son, who is the current owner, pay his dues to the association. It is totally unfair to simply order the manager to return the keys. It pays to be a criminal here in Malta !!
J Galea
Sep 27th 2012, 17:31
Why doesn't the court regulate the whole unfortunate affair here? if she was using the lift this persons should have been paying the management fee. What kind of message does this court judgment give? Dont pay your due and you'll get away with it.
Francis Bonello
Sep 27th 2012, 14:34
So now I will NOT pay my contribution to the flat association where I have my summer residence...if they want they can take me to the courts!!
E. Mifsud
Sep 27th 2012, 13:35
Now this is ridiculous! So who is supposed to pay the old lady's share? The owners of the other apartments? The Government. the Local Council or some charitable institution? Now, come on, people should be made responsible and pay their share whenever it is due! Everyone knows what happens if one single person is allowed to default on his payment. Most of the others would not pay their share!
Keith Davis
Sep 27th 2012, 13:08
Ok so he should have taken her to a tribunal or court and go through expenses just to oblige her to pay up, with her probably bring excuses that she cant make ends meet.
So who should pay for her part of the lift in the meantime or until she decides to? And the technician can refuse to work on such lift if he is not paid, or will the magistrite order him to work free too?? I cant understand such reasoning here in Malta! We citizens demand services we are not ready to pay for!
I think we ought to make people pay their dues and we should put our emotions at the side as bills are not paid by the heart.
Since there are many people who have a heart here then they should practice what they preech and volunteer to pay her part.
Ms.D. Galea
Sep 27th 2012, 12:21
People who live in appartments should be aware of their legal obligations to fork out their share of the expenses involved in the maintenance of common areas , and that includes the lift. This is even more so if the party concerned depends on the use of a well-maintained and safe lift.
Tony Borg
Sep 27th 2012, 12:04
People living in apartments must belong to a residents association and they ALL have to contribute their share for the upkeep of the common parts and that includes the lift.
What the Judge is saying is that the chap (Mr . Zammit ) should have resorted to a public authority.
The man must have a lot of patience as he has waited 3 years for the woman to pay up.
I suspect the women knows that if taken to court it will be 20 years before judgement is passed and then the judge will take pity on her because of her age. In the meantime Mr. Zammit will be liable if the lift is not maintained wether he has enough money or not. The court should be careful not to create a precedent where tenants decide capriciously to pay their yearly dues or not. As it is, the other tenants are shouldering the extra expense. And the to boot recently we had in this very newspaper reports that their are 10000 lifts not registered and maintained. I despair.
.
John Dee
Sep 27th 2012, 11:49
The other people who actually DO subscribe to the lift's upkeep must also have a heart!
Victor Rodenas
Sep 27th 2012, 11:34
Some people will never die of a heart attack,.......cos they have no heart.
vincent a galea
Sep 27th 2012, 10:39
One must have a heart too!!!!!
Giov DeMartino
Sep 27th 2012, 18:32
The above commentators who have a heart know what THEY should do.
Please choose the reason of your report below: