Legal Question in Real Estate Law in Massachusetts

You have appear to have some rights in this situation, based solely on the facts as you have presented them.

Briefly, every condominium complex is required to be covered by what's called a "Fire and Dwelling" policy, which protects the property as a whole against loss, or liability (e.g. if someone slips on the stairs). Usually, maintaining a fire and dwelling policy is a pre-requisite to obtaining a mortgage. However, to protect the inside of an apartment, unit owners typically purchase a policy which covers only the insides of their unit.

Generally speaking, condominium fees cover the costs of a fire and dwelling policy. Naturally, I would have to look at your particular set of docs., but it seems strange that condo by-laws would be drafted requiring one unit pay all of the insurance.

I believe you have a good argument (called "unjust enrichment") that your neighbor not only needs to pay the fire and dwelling policy (assuming that's the issue) in the future, but that she owes you half of the insurance you paid over the last two years. It's a dicey situation, because you all share a house. Give me a call or email me if you want to review your options with me: 617-230-2779 [email protected] ...at any rate, do not act before consulting with a lawyer.