Radon systems

I'm reading that you have already have a "chronic issue" with exterior alterations against the governing documents for radon abatement systems and now the board want's to write up restrictions. And they don't want to consult an attorney because it will cost money.

Spend the money an consult and attorney. Issue should have been addressed before it became "chronic".

Oh don't get me started on Radon Gas... Here if you neighbor tests positive for Radon gas not only do they have to treat it but anyone else has to before can sell. Which is quite the annoyance in my opinion. Had a neighbor check for Radon gas and I cringed. Once they did that, then the rest has to follow. So the owners may no longer have a choice when they sell to treat for Radon Gas since 1 person started this snowball.

Now I am not radon expert of course. However, most of the time radon gas is reelevated simply by opening a window. Opening a window disperses the gas outside. So any build up can be eliminated.

So before you go anti-radon exterior abatement rabbit hole, best make sure it's not a federal law of must have radon abatement if positive case was found in your area. May find the HOA can't do anything about it.

Richard,

sometimes there is not an option on where the radon abatement is installed. They are typically installed in an unfinished basement/crawl space close to an exterior wall. This is to facilitate having the exhaust pipe exit the property as quickly and inexpensive as possible.

If the system was installed in a finished area, you now have a pipe coming out of the floor and going through a wall that will need to be cosmetically hidden.

A couple of other points, this is a planned unit development community of high density of uniform architecture. Our covenants include a declaration that prohibits all exterior modifications. Our bylaws require the Directors to uphold the Declaration. We have had several selling owners install radon systems in the most prominent location or most visible to many owners. These sites include the front elevation and facing the main streets. The board has always allowed systems to be installed and on every home when requested, so it's not a question of allowing or not. I am familiar with the home's construction (The HOA has the blueprints for every home). There are at least two elevations that work to minimize the visual impact of the radon system on the community. One elevation will work on every home based on the floor joist geometry. There is even a third option available for many homes in that as HVAC has changed from roof vent (lower efficiency) to sealed combustion (higher efficiency) with side vents, there is a built-in discharge vent (the now abandoned flue) that has been used with great success by several owners that bother to read Declaration and follow the rules. It's the outlier owners whose sole goal is to exit the community as cheaply as possible without regard to lasting impacts. In any event, our rules committee continues to work on this task, and I have referred enforcement/legal questions to the HOA attorney for their review and comment.

Certainly, Radon is a hot button too many. I do profess confusion/dismay that most Owners wait until the sale to check it. To me, that is a bit silly. They choose to live in a home that turns out to have high Radon, and then when selling, they are compelled to install a system (or provide credit) to benefit the subsequent owners. Talk about not getting your money's worth! It is not pertinent to the overall question, but I know one owner whose home tested over 5.0 pCi/L. The EPA action level is over 4.0 pCi/L. Their response was to seal up all foundation cracks and seal the sump and ejector pits. After these improvements, the radon level dropped to 2.0 pCi/L.

I hoped to gain insights by posting my initial comment, and I appreciate all that took the time to respond.

I agree that radon systems should not be subject to architectural control at all, which is usually reserved for things that are choices. Radon is a health issue and mitigation is not a choice if the owner ever wants to sell their home. And if the radon is discovered due to a home inspection after the home is under contract, the owner won't have time to futz with the HOA's processes which are notoriously slow.

In addition, the owner may or may not have much choice about where the venting pipe is located - it all depends on the home's structure. However, in my experience, reputable mitigation companies are aware of aesthetics and will try to locate the pipe in a less obvious spot.

Yes, talk to your HOA's attorney, but I think the HOA would be asking for a lawsuit if it tried to regulate this or tried to slow roll the home sale process. At best I'd recommend notifying the community at large about the presence of radon in the area so that owners can be proactive and have time to make thoughtful choices.

We do have a procedure for violations, and a printed schedule of fines. It works fine, the last time we had to use was when an owner snuck out of her home at 2 am in the morning and vandalized her next-door neighbor's flowers - all caught on neighbors' ring doorbell... The neighbor hired an attorney to defend her actions during the hearing and the action survived.

The difficulty of handling these install as an ordinary violation is the process. First notification, then Owners right to a hearing, action by the board, assessing the fine, and the biggies collecting the fine is time-consuming and my guess is more often than not by the time all aspects have been met, the owner has closed and left the scene of the "crime" and the HOA is left to raise the children.

Does your HOA get their knickers in a knot when someone gets their house treated for termites and a tent has to be placed over the house?

No, this is burdened to the selling owner. Our land ownership, including roads and parking, is 100% owned by the HOA, except the land under the house. So we do require owners that engage in exterior repair work to provide insurance on their vendors and execute a hold harmless. Except this is rare as the HOA also provides all landscaping and painting. Vendors like pest contractors are not something we deal with.

Is that something you can approve? Like satellite dishes? Maybe offer some kind of cover up option like plants or covering? They maybe located for a reason.

Good luck with that. It sounds more like a vendor issue than a HOA one. Vendors are not going to abide by the HOA rules. They don't care. So don't expect the vendor to ask the customer "Hey does your HOA have rules about placement?" The owner most likely isn't going to consult the HOA about the placement. Even it if is written in the rules.

Currently I am dealing with a fence issue in my new HOA. Seems it's the "wild west" when it comes to installing fences. Have two neighbors who installed fences literally overnight. No HOA request/permission. 1 neighbor installed on the 3 foot variance. The other put it right on the property line. The rule is 3 foot from property line with a door. The vendors should know the "rules" of installing fences in HOA's right? Nope. They don't care. Me the customer should inform them. The HOA isn't.

So don't get your HOA involved in something that quite frankly sounds like the ship has sailed on correcting. It is what it is. Should have made this consideration after the first one appeared.

In our experience with radon installers, they are not open to anything. They want their cookie-cutter, simple and quick install solely for their convenience pay them and they are history. Judging by other comments here, others have had better experiences.

Just a thought as I was looking for images of the exterior system on the web. We don't have this issue here. Could it be required that the system be painted to match the exterior to make it less noticeable?

Personally I think Radon testing is BS. Open a window, the levels will drop.

I understand it must be done if asked for. In MA, I use to leave a cellar window cracked a little bit even in the winter.