CLEARING the Air IS THE HOMEOWNERS ASSOCIATION RESPONSIBLE FOR RADON MITIGATION? BY SCOTT WEISS, ESQ. FOR A DECADE, Michael R. Gallagher has called Dawson Station Condominium Association in Hillsboro, Ore., home. When radon levels were identified in the garage of a three-story unit in the eight-building, 50-unit community, a potential buyer demanded remediation equipment be installed as a condition of sale. The radon report indicated the level would probably be safe in the living areas on the second and third floors, but the buyer was planning to install gym equipment in the garage and insisted on getting the mitigation equipment. As chair of his association, Gallagher was unsure who was responsible for the remediation or how to handle the design and maintenance of the equipment. Gallagher isn't alone. 20 CONDOMEDIA April 2020