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Q. If elevators break down and new elevators are needed but we cannot afford them, is the condominium still able under law to operate using only the stairs without elevators or is it compulsory for us to repair or replace them? — 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. Do you know how much the failure to maintain the elevators will cost you in devaluation of your unit? It will seriously reduce the value of all the units in your building. The statute requires that each condominium have reserve accounts. Such reserve account should include, in your case, a line item for elevators. The statute does allow each year for the members to vote to changed the reserves, but this is a huge mistake. The state does look out for the benefit of the owners but allows them the right to commit fatal errors. I would not recommend that the board neglect the reserves or necessary repairs to the elevators.

Q. You often urge your readers to write to the board of their condominium about their concerns. I have sent the board a summary of the many unanswered concerns we believe may have significant affect 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 over-burdened 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 do you not 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. Some people are leaders, some are followers, and some want to do all the work themselves. The problem that I see is that apparently too many of your residents are happy to let others volunteer to do the work and this results in who you elect for directors. This is one of the common problems in association living. It is not to say that your one director is doing a bad job but there is too much work for a volunteer alone. He really needs to take time to smell the roses and the other directors as well as the members need to help. If the board engaged a management company, the manager would do most of the daily work and provide the directors with more free time. The answer that I see is that he needs to understand the delegation of duties. There is nothing in the statutes and I am sure in your documents that say the directors have to do all the work. If he continues to do all the work, you will soon have a burned-out director.

Q. Does the president of the board have the right to approve patios and screen rooms being built on common ground without this being discussed at a board meeting or being approved by the board of directors? — N.E., Bradenton

A. No owner can take part of the common area for their private use. Neither the president nor the directors can approve private use by an owner. The board has a responsibility to maintain the common areas and only a vote of the members can alter or relieve the board of this responsibility.

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 discussed at the board meeting. What do you think of having all our funds in one bank? — R.K., New Port Richey

A. With the news today about bank closings, you have an apprehensive question. 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. By following the financial news, it appears that a few banks have an insecure financial structure. Only if you have information that shows the bank is one of the banks with 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, bylaws and rules and regulations, give conflicting instructions. We have the rules and 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 take precedence? — C.P., Bonita Springs

A. It is called the order of priority. First comes the federal and state laws, then the declaration/covenants, then the articles, the bylaws, followed by the rule and regulations. Normally the higher order prevails over a lower order if there is a conflict. 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. Since the lower order is more restrictive, all meeting notices must be posted 72 hours in advance of the meeting. If your declaration says that no resident can have dogs and the bylaws say that dogs are limited to 25 pounds, then I would suggest that you have your attorney render an opinion letter as to which is correct. While I rarely suggest modifying your documents, this may be a time to thing about the expense in future budgets. Before starting, communicate with the owners to find out if you have their support. Once you have the owners support, contact an association attorney to assist with the modifications. Never try to make changes to the documents without legal help.

Richard White is a licensed community association manager in Florida. Questions should be mailed to him at 6039 Cypress Gardens Blvd. # 201, Winter Haven, Fl. 33884-4415; e-mail CAMquestion@cfl.rr.com. To be considered, questions and comments should include the author’s name and city. Questions should be about association operations, not legal matters.