Selling problem w/condo assoc

mamabear2010-2011September 22, 2010

My townhouse sold quickly, but there is a radon problem. I am very willing to install a mitigation system, but the condo managers are not being cooperative. I offered the buyers a $1000 credit, but they want the system. This is a health hazard. Does the condo assoc have a leg to stand on?

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sylviatexas1

I wouldn't *think* the association had any right to prevent installation of a mitigation system, or if they did have the "right" that they would try to exercise it (how much are they planning to pay out in liability claims?)
but I'd go to the association's owners, not the managers, & if that doesn't work (pronto before that buyer decides he doesn't want to live in a place where the managers act like that), I'd get an attorney.

    Bookmark   September 22, 2010 at 4:38PM
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Carol_from_ny

Need some more info. How are the condo managers not being cooperative? Have you read your condo association agreement? What does it say as far as what you are allowed to do for a sale /health related problems?

    Bookmark   September 22, 2010 at 4:41PM
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mamabear2010-2011

We have an attorney. The association says we need to get an easement. Been doing some reading up on it. By law, they cant prevent reasonable use, and effectively an easement would be in place anyway because the system would be required. The docs do not address health problems but common law does. Just trying to get this over quickly without a lawsuit.

    Bookmark   September 22, 2010 at 6:29PM
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liriodendron

Could the condo association be down on installing a radon mitigation system in your unit since that would pretty much indicate the need for one in all the other units? I suppose the higher or upper-floor units might escape the radon threat. But if I noticed a radon system on an adjacent unit and there was none on the one I was considering, I'd think that was curious.

L

    Bookmark   September 23, 2010 at 3:29AM
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cordovamom

I'll take a stab in the dark here, don't know if this is really the case....but if you need an easement it sounds to me like the mitigation process for your unit will involve accessing either common space or the space of another unit. The mitigation process usually includes sealing off basement spaces, installing a fan to vent etc. If you share a basement with other units or share some other common space that needs to be treated then your condo association is just telling you that in order to treat those spaces the owner would have to give you permission -- an easement.

    Bookmark   September 23, 2010 at 10:02AM
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sylviatexas1

Then instead of refusing to allow OP to protect the property, the owner needs to install the thing pronto before someone gets sick.

    Bookmark   September 23, 2010 at 1:51PM
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mamabear2010-2011

The common space involved (I think)are the exterior walls of this group of twelve townhouses. There is also a besement but those are private, although the floor may be common. The association is just a little paranoid about anything that spoils the look of the exterior. The mitigation unit would only affect my section of the common area. The townhouses are completely separate.

    Bookmark   September 23, 2010 at 2:04PM
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nikci

Hey Mamabear,

Why don't you mind your own business rather than posting on message boards. This isn't your problem and you don't even have your story straight. The condo association never refused to allow a mitigation system to be installed. Don't post your daughter's business on the internet because you never know if the buyers are reading. Especially when you don't even have your facts straight.

    Bookmark   September 23, 2010 at 5:38PM
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sylviatexas1

lol, wrong side of the bed, nikci?

    Bookmark   September 24, 2010 at 3:04PM
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