No Heat in Your Condo: Who Fixes the Boiler, and Does the HOA Owe You a Hotel?

The Short Answer

Usually no. The association must fix a shared boiler, but it rarely has to pay for your hotel. The management company works for the association, so it owes you whatever the association owes you. A heat outage creates several bills, and they land on different people.

California says it outright: “The costs of temporary relocation during the repair, replacement, or maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected” (Civ. Code 4775(c)). Unlike the repair duty, that sentence does not start with “unless otherwise provided in the declaration,” so a declaration may not be able to shift it. We found no similar rule in Florida’s condo statute. Where no statute covers it, the declaration, your insurance and the facts decide.

Is Your Heat Central or Your Own?

Who fixes it depends on what failed.

If you are not sure, ask the manager in writing: “Is my heat supplied by a central boiler, and which parts does the declaration make my responsibility?” Our HVAC responsibility guide covers fan coils, PTACs and the gray areas.

When the Association Must Restore Heat

A central boiler is common-element equipment. The declaration’s maintenance section makes the association responsible for it, and state law sets the same default:

• California. Unless the declaration says otherwise, the association must make the repairs “necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest.” The board must start the repair process “within 14 days of the interruption of services,” may use a reduced quorum, and may borrow and levy an emergency assessment if reserves fall short (Civ. Code 4775(a)(2) and (b)). The section does not apply when a declared federal, Governor’s or local emergency materially affects the association’s ability to do this work (Civ. Code 4775(e)). See California condo law.
• Florida. “Maintenance of the common elements is the responsibility of the association, except for any maintenance responsibility for limited common elements assigned to the unit owner by the declaration” (Fla. Stat. 718.113(1)). See Florida condo law.

Neither statute sets a deadline for finishing the repair. If the board stalls, use our repair dispute process.

Does the Association Owe You a Hotel?

Usually not, for three reasons.

1. The declaration rarely says so. Few declarations promise to house owners during repairs. Read the maintenance and insurance articles for “relocation,” “temporary housing” or “loss of use.”
2. The master policy insures the building, not your living costs. If the outage also caused damage (frozen pipes, for example), the master policy may pay to repair common elements. Your own living expenses fall to you.
3. A breakdown is not automatically negligence. You have a stronger claim if the board ignored known problems, skipped maintenance, or let the repair drag on. That usually means a demand letter and possibly a lawsuit, so talk to a lawyer before you count on it.

Your HO-6 policy is the usual source of hotel money. Loss-of-use coverage “helps the unit owner pay for temporary living expenses in the event that the unit becomes uninhabitable due to a covered peril,” and it is often an optional add-on (Maryland Insurance Administration, condo insurance FAQs). The key words are “covered peril.” A boiler that simply wears out may not be one. A fire, a power surge or burst pipes may be. Call your insurer before you book, ask whether the cause is covered, and keep every receipt. See what HO-6 insurance covers.

City Heat Laws (NYC and Chicago)

If you rent a condo unit, your landlord is the unit owner, so the owner owes you heat even when the association owns the boiler. In New York City, owners who live in their units are covered too.

New York City. The Housing Maintenance Code requires heat in “every multiple dwelling and every tenant-occupied one or two-family dwelling” (Admin. Code 27-2028). Only one- and two-family homes must be rented to be covered. A building “occupied, as the residence or home of three or more families” is a multiple dwelling whether or not anyone rents (Admin. Code 27-2004(a)(7), same source). From October 1 through May 31, heat must keep living areas at least 68°F from 6 a.m. to 10 p.m. when it is below 55°F outside, and at least 62°F from 10 p.m. to 6 a.m. Hot water must be at least 120°F all year (HPD, Heat and Hot Water). First violations cost $250 to $500 per day (HPD October 2026 owner bulletin). Co-op and condo residents can file through 311, but the city says to “first report apartment maintenance issues to the owner, management company, or board,” because the board’s agreements decide who fixes what (NYC 311). That includes owners who live in their units. For a central boiler, state law points at the board: when the Multiple Dwelling Law is enforced, “each unit owner shall be deemed the person in control of the unit owned by him or her, and the board of managers shall be deemed the person in control of the common elements” (N.Y. Real Property Law 339-ee(1)). See New York condo law.

Chicago. The Heat Ordinance (Municipal Code 14X-8-803) runs September 15 to June 1. Landlords must supply heat to apartments “where occupants do not have individual control of the heat.” In buildings with central heating and no central cooling, rooms must be at least 68°F from 8:30 a.m. to 10:30 p.m. and 66°F overnight for the entire heating season. Buildings where one “two-pipe” system supplies both heat and cooling have a lower 64°F rule at the start and end of the season. Fines run $500 to $1,000 per day per violation, and “the reason for lack of heat does not matter.” Portable space heaters do not count toward the minimum. Tenants without heat “may have the right to withhold rent” under the Residential Landlord Tenant Ordinance. The city suggests landlords offer space heaters, a rent credit and/or “alternative accommodations” (Chicago Department of Buildings). Report violations to 311. See Illinois condo law.

Chicago’s page is written for landlords and tenants. It is unclear how much it helps an owner who lives in a condo unit, so in Chicago your main rights come from the declaration.

Can Management Turn the Boiler Off?

Not if it leaves the building below the legal minimum. In New York City, central heating systems must be kept free, from October 1 through May 31, of any device that can make an operable system unable to supply the required heat, except required safety devices (Admin. Code 27-2029(b)). Chicago lets a building shut its heating off during the season only “as long as required minimum indoor temperatures are maintained” (Chicago Department of Buildings).

Heat that fails every winter is a reserve problem. An old boiler should be in the reserve study with a replacement year and money set aside. If it is not, expect emergency repairs and a special assessment. Ask for the reserve study and boiler service records, and raise it at the next board meeting. Our reserve study red flags guide shows what to look for.

Stay Warm Safely

The U.S. Consumer Product Safety Commission advises (CPSC winter safety tips):

• Keep all sides of a portable heater at least 3 feet from beds, clothes, curtains, papers and sofas.
• Plug electric heaters into a wall outlet, never a power strip, and never run the cord under a rug.
• Never leave a heater running unattended in a confined space.
• Put carbon monoxide alarms on each level and outside sleeping areas, and test them monthly.

Chicago adds: pick a heater with an automatic tip-over shut-off and a testing-lab label such as UL, CSA or ETL (Chicago Department of Buildings).

What to Do When the Heat Goes Out

1. Report it in writing to the manager the same day. Say when the heat stopped, which rooms are cold, and whether neighbors are cold too.
2. Ask for a written plan: the cause, the repair date, and whether a temporary boiler or space heaters will be supplied.
3. Log the temperature twice a day. Chicago inspectors measure 3 feet above the floor, at least 3 feet from an exterior wall, with windows closed and space heaters off. That method makes a fair log anywhere.
4. Watch for frozen pipes. Report any leak at once. Damage from burst pipes is a different claim, covered in our burst pipe guide.
5. Call your HO-6 insurer before you book a hotel. Ask whether loss of use applies and what daily limit it allows.
6. Ask the board in writing whether it will cover relocation costs and under which clause. Keep receipts either way.
7. If you rent, tell your landlord in writing, then call 311 if heat is not restored. If you are the landlord, press the association in writing so you can show you acted.

Frequently Asked Questions

If your condo has boiler issues and you are without heat, is the property management company responsible for getting you a hotel in the winter?

Usually not. The association (acting through its management company) must repair a shared boiler, but most declarations do not promise owners temporary housing, and California law puts relocation costs on the owner. Your HO-6 loss-of-use coverage may pay if the policy covers the cause. You may have a claim against the association if its negligence caused the outage or the declaration promises relocation costs. Tenants can press their landlord, who must supply heat under local law. In New York City, owners who live in their units can also call 311, and state law treats the board as the party in control of common elements when the Multiple Dwelling Law is enforced.

Who pays to fix a broken boiler in a condo building?

The association, as a common expense, when the boiler serves the whole building. It pays from its operating budget or reserves, or through a special assessment if reserves are short. You pay for equipment that serves only your unit, such as your own furnace or heat pump, and sometimes a fan coil if the declaration assigns it to you.

How do I know if my heat is controlled by the condo management?

If you have radiators or a fan coil fed by building pipes, and you get no separate gas bill for heat, a central boiler probably supplies it, and management controls it. If you have your own furnace, heat pump or mini-split, it is usually yours. Ask the manager in writing which parts the declaration makes your responsibility.

Can condo management turn off the boiler in winter?

Not if it leaves residents below the legal minimum. In New York City, heat is required from October 1 through May 31, and central heating systems must not be fitted with devices that stop them supplying required heat. Chicago lets a building shut heat off during the season only if required indoor temperatures are still met.

What happens if a condo heating system goes down every year?

Repeated failures usually mean the boiler is near the end of its life. Ask for the reserve study and service records. If the boiler is not funded for replacement, expect emergency repairs and a special assessment. Owners can press the board at meetings and in writing to plan and fund a replacement.

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Important Disclaimer: This article describes common patterns and quotes state and local law as of November 2026. It is general educational information, not legal advice. Every declaration is different, and state and local law vary. Always read your own governing documents, and talk to your association’s manager or a qualified community association attorney about your situation.

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