CLEARWATER — Frustrations grow every day for the residents of Building Nine at the "On Top of the World" senior condominium.

They have been forced to live without a functioning elevator for more than four months. Condo owners with a second or third floor condo are forced to navigate the stairs, while even the first-floor condo owners rely on the second floor for laundry. Deb Hicks, who lives on the third floor, first contacted ABC Action News in March. Since the elevator went out of service in January, Hicks and her neighbors have had no choice but to rely on the stairs for movement between floors. "It's been over four months, four months and two weeks that we've been waiting on this," she said. Over the months, residents have fallen, had to call 911 for service, and had delayed medical procedures.

The latest notice posted on the elevator stated that it would likely return to service on June 4.

"We haven't heard anything. We haven't gotten any rave alert, no phone calls. Nothing," said Hicks.

By the end of the business day, state inspectors still had not arrived, and the elevator remained closed.

Hicks and others were there a week prior, as elevator technicians replaced the panel to get the elevator up and running. It was shut down again, with management stating in a note, "The elevator equipment replacement portion of the job at building 9 is now complete. The community's telecommunication provider is currently configuring their equipment to complete the remaining process required to pass the State's inspection." Mark Wark, another resident, raised concerns about the elevator's age and condition. "It is fixed, but the elevator's 25 years past its expiration date in terms of, uh, you know, its life span," he said. He also addressed an upcoming maintenance reserve vote for the building.

“Right now we're voting on reserves, and that's to waive the state regulations reserves, which we do not want to do because those reserves help pay for deferred maintenance on things like elevators.”

Wark believes this will help in the future.

"We need to ensure that we have sufficient reserves so that we can avoid special assessments. Without these reserves, we could end up with unexpected expenses that residents can't afford," he said. "This isn’t just about our building; prolonged inoperable elevators are an issue across many condominium associations in the state."

In Florida, the law regarding condominium maintenance reserves is primarily governed by the Florida Condominium Act, specifically under Chapter 718 of the Florida Statutes. Here are some key points related to maintenance reserves:

• Reserve Requirement: Florida law requires condominium associations to establish and maintain reserve funds for certain capital expenditures. This includes funds for the repair and replacement of major components of the condominium, such as roofs, elevators, plumbing, and other common areas.

• Funding Reserves: The law requires associations to include reserve funding in their annual budgets. The amount of funding can be determined based on a study conducted by the association to assess the useful life and replacement cost of major components.

• Reserve Studies: Although not legally mandated, it is highly recommended that associations conduct a reserve study to assess the components that require funding, their estimated costs, and the timelines for repair or replacement. This helps ensure that the reserve amounts are adequate.

• Waiving Reserves: Owners in a condominium can vote to waive the requirement for reserves or to reduce the reserve funding for a fiscal year. However, this requires a specific percentage of owners to agree to the waiver, and it can lead to unexpected financial burdens later if major repairs are needed without sufficient funds.

• Use of Reserves: Reserve funds can only be used for their intended purpose, such as the repair or replacement of capital components. Using these funds for other expenses is generally prohibited.

• Transparency and Reporting: Associations are required to provide transparency in their financial reporting, including the accumulation and expenditure of reserve funds.

Meanwhile, others in the building say they plan to leave. Others in other buildings have reached out to us, reporting that their elevators are also down.