Radon in condos in MA: who needs to fix it?

In Massachusetts, when radon is present in a ground floor condo who is responsible for the remediation? The association or the unit owner? It's a good question and there is no Massachusetts case law that provides a clear answer. Although most attorneys who specialize in this area agree: it is a unit owner's responsibility.

You could argue it's the association's responsibility because it is coming from outside, similar to water entering the building (which is definitely an association problem to repair). However, because there is no building code or legal requirement to fix high levels of radon, it is not a comparable violation to water issues. The Environmental Protection Agency has published guidelines that recommend remediation but they don't require it.

Since high levels of radon does not violate any laws, most attorneys argue it is a unit owner's responsibility. The association can't control the radon emanating from under the building and shouldn't be responsible for remediating the effects.

Source: Condo Media, June 2008 written by Nena Groskind "Radon Responsibility"

Real Estate in Central Massachusetts
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