Legal Question in Real Estate Law in Missouri
Radon in our condo - association refuses any responsibility
Radon mitigation is required to complete the sale of our condo. Condo Assoc. refuses responsibility for installation of mitigation device; further asserting that any installed device must be completely internal to our unit. Cost of internal system is 2-3x the cost of standard external mitigation devices.
Our opinion is that the Radon gas is coming from the Common Property owned by Assoc;
...Assoc cannot assume responsibility for groundwater intrusion into basement from the Common Property while denying responsibility for hazardous gas intrusion;
...The construction of our building should have been compliant with the EPA's Radon-Resistant New Construction recommendation;
...Assoc cannot compel us to ensure the safety of future occupants from hazards that are Assoc's responsibility.
We request opinion of counsel as to the validity of our opinions, and advice on pursuit of a matter against Assoc for the complete costs of an internally-installed mitigation device.
1 Answer from Attorneys
Re: Radon in our condo - association refuses any responsibility
The validity of your argument is dependent upon the facts surrounding the situation and the contracts at issue. I highly recommend that you hire an experienced attorney to consult with you on this matter. You need to have an attorney review and analyze the relevant facts as well as the applicable law to determine what rights and obligations exist for both you and the Association. This is something that requires much greater detail than can be provided through this online medium. Given the nature of the matter, it would probably be advantageous to hire an attorney in the area in which the condo is located. If you are near Kansas City and wish to proceed further, feel to give me a call at 816-444-1172
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