Senate approves HOA radon‑mitigation protections, raises mitigation allowance to 40%

First substitute House Bill 104, a proposal to clarify homeowners associations’ ability to regulate radon mitigation, was debated and amended on the Utah Senate floor Feb. 14. Sen. Kennedy, the bill’s floor sponsor, explained the bill would balance homeowners’ health and safety with HOA contractual obligations and offered Amendment 2 to increase allowable mitigation‑related amounts from 20% to 40%.

“Radon tends to settle in basements...it can cause lung cancer,” Sen. Kennedy said during floor remarks, describing his family’s experience and saying his household paid about $3,000 for mitigation several years ago. Sen. Rippey spoke in support and urged constituents to test their homes for radon.

The Senate adopted the amendment and moved the bill for third reading; the roll call recorded 25 votes in favor and 1 against. Sponsors said the measure is a negotiated compromise intended to ensure homeowners can address indoor radon without being unduly constrained by HOA cosmetic rules.

The bill’s text, as amended, places limits on HOA restrictions that would prevent necessary mitigation work and clarifies the remedies homeowners may use to comply with both safety and contractual considerations. The sponsor indicated he would explain further details during committee consideration and floor debate when the measure returns to committee or is considered on final passage.

The Senate advanced the bill; the transcript does not show additional amendments beyond Amendment 2 being adopted on the floor that day.