“Silent Killers”: Health Hazards for Condo Associations

We’re used to hearing about mold, but what about equally common health hazards like lead, asbestos and radon? Less-commonly talked about does not mean less of a risk. In fact, the impact of these health hazards is very real, and depending on the state you reside, condo associations could be required under the law to mitigate these risks.

Health Hazards: Lead Paint

Lead paint was banned in 1978, but many condominium complexes were constructed before the ban took effect. In Massachusetts, condo associations have an “affirmative obligation” to comply with the lead paint law if a child under 6 is residing in the community. This means the paint must be covered or removed to escape liability. If lead paint is found in the unit, the owner is responsible for dealing with the issue. If lead paint is found in a common area, the responsibility falls on the association. To protect yourself, it’s important to obtain a lead-compliance certificate for your common area. If not, the association could get sued if a child gets lead poisoning or if an owner loses a tenant due to the association not having a lead-compliance certificate.

Furthermore, it’s important to note that a lead-compliance certificate does not guarantee you’re out of the woods forever. It just means you’re compliant for the moment. You’ll have to go through the inspection and certification process again every time you fall out of compliance.

Health Hazards: Radon

Radon, a silent but deadly killer, is an invisible, odorless gas that is undetectable by the human senses. In high-rise condominiums, radon is commonly found in basement level units or on the first floor. Testing is the only way to find out if the gas exceeds federal guidelines. Unlike the case of lead paint, associations are not required to mitigate risks in the units or the common areas. Rather, the board needs to cooperate with any procedure that involves the common area in order to remediate radon exposure. For example, if the gas needs to be ventilated through the roof, the board would have to approve that.

Health Hazards: Asbestos

Due to its fiber strength and heat resistant nature, asbestos was a widely used building material prior to its ban in 1977. A ubiquitous killer, asbestos can cause fatal lung disease if breathed overtime. Similar to the remediation protocols of lead paint, asbestos must be covered or removed in all common areas by licensed contractors. Relying on maintenance workers is not only unsafe, but also a liability. In Massachusetts, you not only need a license from the EPA but also a license from the state in order to perform any remediation work.

Health Hazards and Insurance

Should you be found liable for any one of these health hazards, it’s important that your association has proper insurance coverage in place should a situation arise. Contact Brian Kilcoyne at 617-612-6515 or email him directly at briankilcoyne@hkinsurance.com to reassess your current policy.