If a radon test shows elevated levels in a condominium, the homeowners' association (HOA) may have a legal obligation to address the issue, depending on the classification of the crawl space. If deemed a common element, the HOA must act to maintain safety. The inquiry also raises questions about the authority over modifications and the feasibility of the proposed solutions. Given Connecticut's stance on radon as a health hazard, associations cannot simply ignore remediation requests, but they may opt for alternate methods if structural concerns arise.
Your homeowners' association cannot just deny your requests and expect that to be the end of the matter. The answers to most of these questions lie in your condominium declaration and unit deed.
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.
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