# Walking stairs in the apartment block –not permitted?



## Majka N (23 Mar 2012)

Hi,

I rent an apartment in a 3-storey apartment block. I walk up and down one of the emergency staircases 4-5 times a week for exercise. I have been doing it for a year now. I only met two people during that time.

Before Christmas the management company released a newsletter to all residents. One of the items reads:_ ‘(…) residents have been using the common area stair ways to exercise (…). It is not permitted to use the stair ways for exercise purposes as this causes excessive wear on the carpets.’_

Same carpets are used throughout the buildings, on the corridors and all 3 staircases (1 main one and 2 for fire safety) and extends all the way to the basement. It takes traffic generated by the residents in other areas, surely I am not causing _'excessive wear' _on a rarely used emergency staircase? Also, I wear socks only. So I continued walking up and down the stairs.

However, another notice from the management company appeared, this time on the walls of the emergency staircases. It reads: _‘Please note that this stairwell may not be used for the purpose of exercising’._

Do I have to stop using the staircase?

Do they have the right to forbid me from using the stairs for walking? If yes, what is this right based on?

I would greatly appreciate your comments and advise.

Many thanks.


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## callybags (23 Mar 2012)

That seems ridiculous.

Why don't you send them a note saying that you don't use the stairs for excercise, but to get to and from your apartment.

If they insist you use the lift, tell them you are claustrophobic and see what they have to say.


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## Majka N (23 Mar 2012)

Hi Callybags, thank you for such a prompt response.

My apartment is on the ground floor so I guess this argument would not work, unfortunately... And I do walk for exercise, up and down for a good 40 minutes!

At the moment I ignore the notice, but am a bit worried that there is some law/ regulation that gives the management company right to enforce this demand.


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## sustanon (23 Mar 2012)

why not buy a stairclimber? you are renting a room in a big house with others, you're bound to come up against these attitudes...


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## elcato (23 Mar 2012)

Could be an insurance thing. What happens if you fall on the stairs while exercising ? I'd imagine that an emergency exit is exactly that and they are within their rights to state that it can only be used in an emergency.


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## STEINER (23 Mar 2012)

I would stop using the emergency stairwells and use the general stairs up and down for 40 mins for exercise.


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## Majka N (23 Mar 2012)

@ sustanon - thank you for your comment. Stair climber is an option but not with my current finances and the small size of the apartment. As for the attitudes – so true.


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## Majka N (23 Mar 2012)

@ elcato - it makes sense. But if I fell and wanted to claim I would have to prove that it was not my fault. Also, if the stairs are in compliance with the Building Regulations, I guess I have no case. 

Emergency use – the management company did not state that the staircase can only be used for emergency. They complained about the ‘excessive wear’ of the carpets. 

Question - are they really within their rights to state that it can only be used in an emergency? Can they forbid residents to use the common areas to which access is free and unlimited?

Is there any document in which this should be described – a document I can request access to?


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## Majka N (23 Mar 2012)

@ STEINER – I have considered this option. There are no notices on the main stairs


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## ontour (23 Mar 2012)

Majka N said:


> @ elcato - it makes sense. But if I fell and wanted to claim I would have to prove that it was not my fault. Also, if the stairs are in compliance with the Building Regulations, I guess I have no case.



You would not need to prove it was not your fault, they would have to prove it was your fault.  The purpose the stairs were designed for is as an emergency exit not a gym facility.



Majka N said:


> Emergency use – the management company did not state that the staircase can only be used for emergency. They complained about the ‘excessive wear’ of the carpets.



Is there two staircases? Does one have a sign stating it is an emergency staircase.



Majka N said:


> Question - are they really within their rights to state that it can only be used in an emergency? Can they forbid residents to use the common areas to which access is free and unlimited?



Who owns the stairs - they do.  Who sets the house rules - they do.  Use of common areas is not unlimited, the management company expects that people use them to access their units.  If people start to use them to store bicycles or as an area for kids to play, the management company will take action.



Majka N said:


> Is there any document in which this should be described – a document I can request access to?


You could ask the owner for a copy of the house rules but you are more likely to encourage the management company to request that you be replaced as you are a probelem tenant for them!


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## Majka N (23 Mar 2012)

@ ontour - thank you for taking your time to reply to my posts. However I feel rather dismayed by the tone of your reply.

There are 3 staircases in the apartment block – please see my first post. None of them has a sign stating it is an emergency staircase but they clearly are. What is the point of this question?

Ownership of the stairs – I don’t believe the management company owns it. I would think that they manage the property but do not own it. I am not obstructing an emergency escape route nor causing disruption to other residents. What is the problem then? 

House Rules - great idea, will ask for a copy. But please tell me – why would the management company see me as a _‘problem tenant’_ and want to_ ‘replace me’_ if I do so?


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## Majka N (23 Mar 2012)

It would be great if you could please help me find an answer to my initial questions:

Do I have to stop using the staircase? And if yes – why? 

Surely the answer is not ‘because the management company says so’?


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## elcato (23 Mar 2012)

> Surely the answer is not ‘because the management company says so’?


The apartments are managed by the management company but the directors of the company are actual owners who are elected by all the owners to act on their behalf. They generally instruct the management company on how they wish them to carry out their tasks. I would think that some of the owners in the block see you exercising and object directly to the management company and instruct them on how they wish the situation to be handled. So I'm afraid the answer here is yes as far as your concerned because you are not either an owner nor a director. The only thing you could do is ask your landlord why are there objections or these particular rules I guess. He may decide to confront the board regarding the issue if he thinks you are a good tenant and does not want to lose you.
BTW - This is a discussion forum so I don't know why you question the 'tone' of ontour's reply. his answers are factual even if you don't like them.

My posts crossed here with ontour.


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## ontour (23 Mar 2012)

It is because the management company says so.  They decide the house rules.

If they let you use the common area as a gym then they should let parents use it as a play area for their children.  Management companies are run by volunteer directors, they have to keep things very simple to reduce the effort on their part so they tend to be inflexible.  

The management company is the structure in which the common areas vest.  The management company is owned by all the unit owners who appoint directors to oversee it.  They usually retain a management agent to deal with the day to day issues and interactions with residents.

In a multi unit development you implicitly subscribe to the 'culture' that the management company set.  At least as a tenant you have the option to move to a different development who may not have an issue with your use of the common area.


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## Majka N (24 Mar 2012)

@ elcato and @ontour - thank you so much for explaining it to me, it is most helpful.

Thank you everyone for helping me out.

Have a great weekend!

Majka


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