Q: I recently bought a ground-floor condominium in New Haven County, Conn. A radon test performed as part of the inspection showed elevated levels. I got an estimate for a subslab pressurization system that would have to be installed in the crawl space and vent out. The homeowners’ association president refused to install it, or allow me to pay to have it installed, and I was told that the proximity of the unit to a body of water would create structural issues. The HOA says that it owns the crawl space, which is where the equipment would have to be placed. What are my rights, and what responsibility does the HOA have?
A: Radon is an odorless, colorless gas that can cause lung cancer. Your homeowners’ association cannot just deny your requests and expect that to be the end of the matter.
Your question raises four issues: Who controls the crawl space? Will the remediation actually create structural problems? Who has the authority over changes in the condominium? And who has the responsibility to get rid of the radon?
The answers to most of these questions lie in your condominium declaration and unit deed. But you might have to consult with a lawyer, as these documents can be complex.
Check to see whether the crawl space is classified as a common element or a limited common element, said Joseph Colbert, who practices real estate law in Connecticut with Colbert Law LLC. If it is a common element, the association likely must act; an HOA is typically responsible for the maintenance and repair of these spaces, and has a duty to maintain the property in a safe condition under state law.
“This responsibility is heightened given Connecticut’s recognition of radon as a significant public health hazard,” Mr. Colbert said.
If your preferred solution would create structural problems in the condominium, and the association is responsible, it can choose to use an alternate remediation method, but it cannot abandon the effort altogether.
If the crawl space is part of your unit, or is a limited common element that is assigned to your unit, this could strengthen your position and give the HOA less authority in the matter. But keep in mind that your governing documents might grant the board approval over alterations, especially ones that could create structural problems.
“The association should address the radon if it is an association responsibility, or allow you to do so if it is not,” said Jonathan R. Chappell, a lawyer with Pilicy & Ryan, P. C., in Connecticut. “Refusing to mitigate the radon, and refusing to allow you to mitigate it, is not acceptable.”
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The post Who Has to Get Rid of Radon: Me or My HOA? appeared first on New York Times.
