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One Way Or Another, Members Pay For Maintenance

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By RICHARD WHITE

Tribune correspondent

Published: September 18, 2008

If elevators break down and need to be replaced, but we can't afford to do that, is the condominium legally allowed to operate using only the stairs? Is it compulsory for us to repair or replace them?

PG

Miami

The board cannot neglect repairs because of cost. Elevators are 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 your unit - and those of everyone in the community - will be devalued if there are no working elevators? A lot! The statute requires that each association have reserve accounts. Those should include, in your case, a line item for elevators.

I would not recommend that the board neglect repairing the elevators.

You often urge your readers to write to their condo board about their concerns. I have sent the board a summary of my many concerns, and have received only irrelevant responses. Three of our five directors are snowbirds and only one overburdened and stressed-out director is functioning. There are no committees or individuals appointed to help with the work. We believe true democratic practices and more open communications are needed.

CW

Belleair

One person has volunteered too much of his time and effort and needs help. He may not understand how to delegate duties. Some people are leaders, some are followers, and some want to do all the work themselves. The problem that I see here is that too many residents are happy to let others volunteer to do the work, so they elect whoever is willing to run for board positions. Hence, they get some who don't work.

Your director isn't necessarily doing a bad job; it's just too much work for one volunteer. He and the other directors, and members, need help. If the board engaged a management company, the manager would do most of the daily work. There is nothing in the statutes, or, I am sure, in your document, that says the directors have to do all the work.

Richard White is a licensed community association manager. He does not offer legal opinions; any other questions and comments concerning association operations can be sent to Richard White, 6039 Cypress Gardens Blvd., No. 201, Winter Haven FL 33884-4115;

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