Massachusetts limits what an insurer can do to a condo roof it only saw from the air
Massachusetts limits what an insurer can do to a condo roof it only saw from the air
2026-09-10 · Massachusetts · Regulation
What happened. Massachusetts told property insurers what they may and may not do with an aerial photograph of a roof — a question that lands squarely on condominium associations, because the roof is a common element and a master-policy non-renewal hits every unit at once.
Bulletin 2025-02, Underwriting Actions Based on the Use of Aerial Imaging, was issued by the Division of Insurance on 30 April 2025 to all property and casualty insurers writing in the Commonwealth.1
What the bulletin says
- Insurers may use aerial imagery to assess property condition and may decline coverage on clear evidence of degradation or damage
- Insurers are expected to ensure the clarity and accuracy of the images used
- Cosmetic damage that does not reflect structural quality or propensity for loss — roof discoloration, streaking — may not be the sole basis for non-renewal, cancellation or declination
- Where imagery does not show clear evidence, the insurer is expected to conduct additional underwriting review, “possibly including physical inspections”
- Insurers must timely review material an insured submits contesting the finding, and adjust the decision accordingly
And then the mailers
On 6 November 2025 the Division issued a consumer advisory on roof-related insurance notices, warning about mailers from an entity calling itself “Home Coverage Risk Alert” that include the recipient's property address and claim the home was “flagged” for roof age or condition.2
These are not from any insurance company. They are third-party marketing. The advisory restates that an insurer must give at least 45 days' advance notice of non-renewal, with reasons, and that underwriting action is communicated directly by the insurer or its agent — never by a third party.
Why this matters more to an association than to a homeowner
A single-family homeowner who loses coverage over a streaked roof has a problem. An association that loses its master policy has a crisis, and the difference is structural:
- Replacement coverage is harder to place. A condominium master policy is a commercial placement in a hardening market, and a mid-term non-renewal narrows the field of carriers willing to look.
- Financing depends on it. Lender project standards require evidence of adequate master property coverage. An association without a master policy is an association whose units cannot be sold or refinanced conventionally.
- The mortgage documents require it. Every unit mortgage obliges the borrower to maintain coverage the association actually procures.
- The decision is not the association's. A roof at the end of its life is a capital project the board may be three years from funding. The carrier's timetable does not accommodate that.
A board's options on a roof-condition notice
The bulletin creates an expectation that the insurer will timely review contesting material and adjust accordingly. That is only useful to an association that produces the material.
- Get the image and the finding in writing. Ask what the imagery shows, when it was taken, and what condition is being asserted. An image several years old, or of the wrong building in a multi-building condominium, is not a rare error.
- Answer with evidence, not assertion. A roofing contractor's or engineer's written condition assessment, dated photographs from the roof surface, and the maintenance and repair record. “The roof is fine” is not contesting material; an inspection report is.
- Distinguish cosmetic from structural in your response, explicitly. The bulletin's operative limit is that discoloration and streaking cannot be the sole basis. A response that names that distinction and shows the underlying membrane or shingle condition is using the bulletin as intended.
- Move immediately on the 45 days. Forty-five days is not long to assemble an inspection, contest a finding, and — if it fails — place replacement coverage. An association that spends three weeks deciding whether to respond has spent most of its window.
- Tell owners early. A master policy non-renewal will surface in every pending sale in the building. Owners under agreement need to know before their lender does.
The gap in both documents
Worth naming plainly: neither the bulletin nor the advisory mentions condominiums or master policies. Both are addressed to property and casualty insurance generally and to consumers.
That does not put associations outside their scope — a condominium master policy is property and casualty insurance written in the Commonwealth — but it does mean there is no Division guidance addressing the association-specific consequences above. Managers receive the same misleading mailers for association property that homeowners receive for their own, with no advisory written for them.
The market context
The Division's annual home insurance marketplace report, issued 8 December 2025 for calendar year 2024, put the condominium loss ratio at 33.8 percent, total home written premium at roughly $3.6 billion, and the FAIR Plan at 8.7 percent of statewide home premium but 39.6 percent of policies in the Cape and Islands, with FAIR Plan enrolment up 24,436 policies from 2023 to 2024.3
A 33.8 percent loss ratio is not a market in crisis on the claims side. The pressure Massachusetts associations are feeling is a pricing and appetite question, which is precisely why underwriting practices — including how a carrier decides which roofs it no longer wants — are where the regulator's attention has gone.
What to watch next
The NAIC-coordinated 2026 Homeowners Market Data Call, which Massachusetts joined and which breaks out data by policy type including condominium, covering policy years 2018 to 2025. Submissions were due 15 July 2026 and a public report is planned for early 2027. It will include cancellations and non-renewals by policy type — the first measured answer to how often this is actually happening to Massachusetts condominiums.
Related Massachusetts HOA Topics
- Massachusetts Division of Insurance, Bulletin 2025-02, Underwriting Actions Based on the Use of Aerial Imaging, 30 April 2025 ↩
- Massachusetts Division of Insurance, Consumer Advisory: Roof-Related Insurance Notices, 6 November 2025 ↩
- Agency Checklists, analysis of the Division of Insurance annual home insurance marketplace report ↩
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