Q:If elevators break down and we need new elevators but cannot afford them, is the condominium still able under law to operate using only the stairs or is it compulsory for us to repair or replace the elevators?

P.G., Miami

A: It is not a proper decision of the board to neglect repairs because of the cost. Elevators are a part of the common areas and the statutes require that the board maintain the common property. No place in the statutes does it say that if the members cannot pay, such repairs can be ignored.

Failure to maintain the elevators will seriously reduce the value of all the units in your building. The statute requires that each condominium have reserve accounts. Such reserve accounts should include, in your case, a line item for elevators. The statute does allow each year for the members to vote to change the reserves, but this is a huge mistake.

Q:You often urge readers to write to the board of their condominium about their concerns. I have sent to the board a summary of the many unanswered concerns we believe may have significant effect on property values, safety and quality of life. Our letters are returned unanswered with only remarks that we do not need to know. Three of our five directors are snowbirds and only one overburdened and stressed-out director is presently functioning. There are no committees or individuals appointed to help with the work. We believe true democratic practices and more open communications are needed. Your comments would be much appreciated.

C.W., Belleair

A: You are too close to the problem. If you see all these problems, then why don't you see that one person has volunteered too much of his time and effort and needs help? He may not understand the method of delegation of duties.

The problem that I see is that apparently too many of your residents are happy to let others volunteer to do the work. It is not to say that your one director is doing a bad job but there is too much work for a volunteer alone. If the board engaged a management company, the manager would do most of the daily work and provide the directors with more free time.

Q:Our board has all of the association's funds and assets, reserved accounts, operating account in one bank. The bank deposits have never been in discussion at the board meeting. What do you think of having all our funds in one bank?

R.K., Port Richey

A: If the board changes banks or deposits accounts, a motion to do so would be the wise thing to accomplish at a board meeting. However, it appears that maybe the board and the association have had a long-lasting relationship with the bank. It would be a wise action to review the bank's financial situation. If you have information that shows the bank has inadequate reserves or poor earnings, I would then suggest that you send the information to the attention of the board. The FDIC insures deposits in each bank up to $100,000.

Q:Our condominium documents, which consist of the Declaration, the Bylaws and the Rules & Regulations, give conflicting instructions. We have the Rules & Regulations stating one thing while the Declaration states the opposite. In the event that conflicting instructions are contained in the documents, as is the case here, which document takes precedent?

C.P., Bonita Springs

A: It is called the order of priority. First come the federal and state laws, then the declaration/covenants, then the articles, the bylaws, followed by the rules and regulations. There is an exception when the lower order is more restrictive and then it takes the priority. As an example, the statutes require a 48-hour notice for a board meeting but the declaration requires only a 24-hour notice and the bylaws require a 72-hour notice. Because the lower order is more restrictive, all meeting notices must be posted 72 hours in advance.

If your declaration says that no dogs are allowed and the bylaws say that dogs are limited to 25 pounds, have your attorney render an opinion letter.

Never try to make changes to the documents without legal help.

Write to Condo Line, Home, 1 Herald Plaza, Miami, FL 33132, or e-mail CAMquestion@cfl.rr.com. Include name and city.

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