Are you ready for the storm? Five Tips to Keep Your Boston Condo Running Smoothly During Severe Weather Events

Are You Ready for the Storm? Five Tips to Keep Your Boston Condo Running Smoothly During Severe Weather Events

With the ever-increasing effects of climate change, intense and even unexpected severe weather can happen in any season. For condominiums in Boston, preparing for potentially damaging weather events is critical. Condominium associations need to make sure they are aware of—and following—Boston municipal ordinances relative to post-storm clean-up.

When severe weather hits, condominium associations should be prepared to respond quickly. Having a plan in place can help.

In Massachusetts, condominium associations are responsible for caring for and maintaining common areas within a condominium. While what constitutes the common areas varies based on the provisions of each condominium’s governing documents, common areas may include the structural elements of the building, power services, HVAC systems, basements, and outdoor areas including roofs and parking facilities. G.L. c. 183A, § 1. As such, condominium associations are responsible for maintaining and repairing a large portion of the complex many people call home. In Boston, condominiums must comply with city ordinances in addition to the provisions of G.L. c. 183A and the condominium’s governing documents. This can be complicated, so below are five tips to keep your condominium compliant with city code and running smoothly, no matter the weather.

1. Ensure accessible ingress and egress.

In the fall, this may mean raking or sweeping leaves that may block doors or cause slips-and-falls due to build up on sidewalks or walkways. It may also mean repairing hazardous cracks or potholes in parking areas and on common sidewalks and clearing any fallen branches quickly to maintain a straight path to an exit. When it rains, this may mean placing mats on steps or ramps that become slippery from precipitation. In wintertime, this likely means clearing snow and ice. After snowstorms, Boston property owners are required to clear sidewalks and curb ramps within specified times (three hours after snow stops, or three hours after sunrise if snow was overnight). Be careful not to push snow or ice into the nearest street, though, as doing so could subject you to a fine.

2. Publish manager and/or association contact information.

Under G.L. c. 183A, § 4, unit owners have “exclusive ownership and possession” of their units, meaning that they are generally responsible for internal repairs. Outside of units, though, the “organization of unit owners” is generally responsible for “repair or replacement of any of the common areas and facilities therein.” G. L. c. 183A, § 4(2). In the event of damage to a common area during a storm, unit owners should know who to call. Publishing contact information for the condominium manager or a designated individual in the organization of unit owners protects against delays in repairing common areas once damage has been discovered. When unit owners know who to contact in the case of a leak caused by excessive rain, for example, or a branch through a lobby window, further issues can be avoided.

3. Confirm fire alarms and carbon monoxide detectors are functioning.

Lightning strikes can cause dangerous fires. Boston is no stranger to this kind of damage; in 2023, for example, a fire destroyed a chimney in a South End brownstone after lightning struck the roof. If a fire breaks out in a condominium common area, it is critical that unit owners are made aware as quickly as possible. As such, it is critical to test smoke alarms regularly and replace them after ten years.

Although Boston generally does not face issues from lightning during the winter, in the colder season, snow can clog outdoor vents. This can cause exhaust to become trapped inside the condominium, which can lead to carbon monoxide build-up. Given the dangers this can cause, condominium associations should ensure that vents are regularly checked and cleared during and after snowstorms.

The City of Boston has resources for homeowners to make getting smoke and carbon monoxide detectors checked. You can schedule an inspection online using this link: Smoke and Carbon Monoxide Detector Inspections.

4. Get roofs checked and repaired annually to prevent ice dams and leaks.

When it rains, it pours. This is especially true for condominiums with flat roofs, like taller buildings in the city. Flat roofs do not drain easily, and leaks may start small but can quickly expand to cause massive problems. Rainstorms can cause puddles to form on flat roofs and remain there for days and eventually push into the building through cracks. Older flat roofs may crack or separate at the seams without proper maintenance. Roofs with accessible decks may wear down more easily, too. As such, regular roof maintenance is critical.

In the winter, ice dams can become a problem. In Boston especially, where buildings may be tall and roofs flat or difficult to access, ice dams can be especially tricky. Ice dams form when water cannot drain and then re-freezes, trapping water behind the ice. Condominium associations can reduce the risk of ice dams by getting roofs regularly inspected and properly repaired, especially during the winter.

5. Secure the tops of trash cans and recycling bins to ensure they (and their contents) do not fly around.

Snowstorms, rainstorms, and especially windy days in every season can cause debris to fly free from outdoor rubbish containers. In Boston, a coastal city, wind can be especially vicious. So, Boston has strict trash regulations. Section 23-5 of the Boston Municipal Code of Ordinances requires “[t]he owner or person in control of any premises within the city” to “maintain the sidewalks, alleys, streets and places adjoining the premises free of trash, refuse, rubbish or debris.” To avoid fines, if a cannister tips over or trash gets otherwise released from containers, condominium associations need to make sure outdoor common areas are cleared of trash as soon as possible.

When severe weather hits, condominium associations should be prepared to respond quickly. Having a plan in place can help. Following these tips, you can keep your condominium functioning well every season.

As always, each condominium association, and its responsibilities, is unique. The information contained in this article is intended as general guidance and is not intended to suggest that a condominium association’s failure to adhere to this guidance constitutes a dereliction of its duties in all circumstances.

Condo Law Blog

If you have any need for legal services related to this article, or any similar matter, you can email Marissa at mgiaimo@mbgllc.com or any of our other attorneys at Moriarty Bielan & Gamache LLC at 781-817-4900 or info@mbgllc.com.

Marissa P. Giaimo