In the middle of winter in Massachusetts, some condo owners have been left in the cold.
Residents at Andover’s Washington Park Condominiums heard about mandatory evacuation orders a few days after a storm toppled a large tree onto nearby power lines.
Electricity only went out for a few hours for about 500 customers, but the outage fried the shared boiler and hot water systems at the condo complex, leaving dozens of residents without heat or hot water, reported WCVB NewsCenter 5 (1).
Although the management company, Brigs LLC, restored utilities in nine of the 13 buildings, they say they won’t get the parts to fix the others for a few weeks.
In the meantime, Brigs abruptly ordered an extended evacuation, forcing homeowners and renters to find and pay for temporary housing, all with no clear plan for reimbursement.
Condo owner Larissa Lima told CBS News (2) that she’s going to have to “pay out of our pocket” to deal with this evacuation order, and she worried that “some people don't have a plan B. You don't plan to be taken out of your home like that.”
In an email to residents, Brigs said, "While we truly empathize with the challenges this situation may cause, the association is not able to provide or fund alternative accommodations or hotel stays for residents," while encouraging affected residents to file claims with their insurance and the utility, National Grid, WCVB reported.
Shared systems, individual responsibilities
The situation in Andover offers a stark example of the risks of owning or renting a condo: When shared systems fail, residents can pay a steep price.
On top of the immediate discomfort and safety concerns, displaced residents face unexpected burdens such as hotel bills, additional food costs and potentially lost wages, all while waiting for repairs that may be delayed by insurance disputes or supply issues.
And even when times are good, condo living isn’t cheap.
Washington Park condo owner Neeraj Tomar told CBS (2) that she pays “$1,100 condo fees, and the service we are getting, no emergency service, this is crazy.”
Although $1,100 is well above the national median of $135, the Census Bureau (3) found that monthly fees are higher for many of the 21.6 million homeowners who pay condo or homeowners association (HOA) fees. Currently, about 3 million homes pay at least $500 per month.
Whenever things go wrong at a condo, assigning blame can be complex and hotly contested. Condo associations often carry “master insurance” that makes them responsible for common-area systems, but individual owners usually need to insure interiors and personal loss.
So, any failure in shared infrastructure doesn’t just inconvenience residents; it can displace them and impose high out-of-pocket costs without protection. Condo owners who don’t recognize these gaps in coverage and governance can be in for a rude awakening when something major breaks.
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Know your rights before the heat goes out
Although there’s a policy for “implied warranty of habitability” (4) to take care of things like heat in landlord-tenant relationships, this policy doesn’t extend to condo residents and their associations.
But that doesn’t mean condo owners are always defenseless in these situations.
There may be state-specific laws related to condo habitability, like Washington’s Condominium Act (5) and Pennsylvania’s Uniform Condominium Act (6), that impose warranties on construction quality. While not the same as the classic landlord-tenant implied warranty of habitability, these policies offer condo owners some assurance that their structures can weather severe storms.
Even with these safeguards, anyone considering renting or owning a condo must recognize that the HOA and property manager aren’t legally responsible for everything that goes wrong.
Take plenty of time to review the condo association’s bylaws and master insurance policies to understand what the HOA has to maintain and whether emergency repairs and temporary housing are covered. Many owners assume dues include protection in a crisis, but they later learn that these costs fall on their shoulders.
Although every condo is different, HOA master insurance policies typically cover the building structure and common areas (think hallways, lobbies and elevators). Common features that aren’t included in master policies include your personal belongings, interior upgrades or finishes, temporary housing and damage caused by events inside your unit.
Instead, any loss-of-use or additional living expense (ALE) coverage (7) will be on an individual condo owner’s insurance, an HO-6 policy (8), or on a renter's insurance policy.
These are moments when having an emergency fund can come to the rescue. Even if you expect to get reimbursed at some point in the future, you probably won’t get the money you need to cover essentials during an evacuation. To help make these crises more manageable, strive to maintain three to six months of living expenses in a high-yield savings account.
As with any other insurance claim, the more documentation you can provide, the better. Whether it’s photos, temperature readings or copies of communications with management, store all of this data to build your case when trying to recover funds.
And if private disputes keep dragging on, don’t hesitate to move to “higher-ups” like local health departments or housing authorities. These agencies can inspect properties and issue habitability violations to apply some much-needed pressure — and hopefully get you back in a comfortable condo.
Article sources
We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.
WCVB NewsCenter 5 (1); CBS News (2); United States Census Bureau (3); Cornell Law School (4); Washington State Legislature (5); Pennsylvania General Assembly (6); National Association of Insurance Commissioners (7); Merlin Law Group (8)
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Eric Esposito is a freelance contributor on MoneyWise with an interest in financial markets, investing, and trading. In addition to MoneyWise, Eric’s work can be found on financial publications such as WallStreetZen and CoinDesk. When not researching the latest stock market trends, Eric enjoys biking, walking his dog, and spending time with family in Central Florida. Eric holds a BA in English from Quinnipiac University.
