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RohitW (California)
Posts: 5
Posted:
Hi there. Thank you for this helpful forum. I was hoping to get a little help on a situation we're having. Any help would be much appreciated.

We are a very small building in Los Angeles. Only 8 Units. The building was built in 1959 and converted from apartments to condos. The rules are very antiquated, and have always kind of depended on people "working it out." We recently had someone move in who was unwilling to work with people on pretty much anything. He bought an upstairs unit, and took out the carpet. The floor that had been previously installed underneath was done so with no soundproofing underlayment or cork. Every footstep on that floor sounds like a hollow boom in the unit underneath. It has cost the neighbors below their quality of life, and makes it impossible for them to sleep through the night.

The upstairs finally agreed to put carpet in the bedrooms if the downstairs paid for it. After downstairs agreed to that, upstairs changed his mind and said he has decided against carpet. There was no specific flooring rule in place, but a vote has been put in place to require carpet in bedrooms upstairs. After the 30 day waiting period is over, the vote has a very good chance of passing. But my question is how can our HOA enforce this rule? We have a limited budget and would prefer not to pay thousands to try to get a court order. We don't have any monetary fines in our CC&Rs either, so do we have any other options if upstairs chooses not to comply?

Thank you for any help you can provide.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Unless there's something in your CCRs or bylaws that speakes about flooring, you are out of luck.
Perhaps sound insulation between the floors would help. Just who would pay for that is the question.
RohitW (California)
Posts: 5
Posted:
I think you missed that part of the original post. There is an HOA vote pending that will most likely pass requiring carpet in bedrooms upstairs.
RohitW (California)
Posts: 5
Posted:
Also sound insulation between floors is not possible for impact noise.
SureshD
Posts: 268
Posted:
Just because a vote is proposed and passed does not equate to the authority to do so.

The other issue is retroactivity. The carpet was removed before the rule was conceived?

Another plausible avenue would be a nusiance provision to address the noise.

RohitW (California)
Posts: 5
Posted:
Yes, it was removed before. And there was a nuisance rule in place about anything "that disturbs the quiet enjoyment of neighbors." The wording of the new carpeting rule was drafted by our lawyers and will be effective immediately as written. The vote was done properly, with lawyers handling it. My question again is whether there are other options available to enforce the rule other than getting a court order.
SureshD
Posts: 268
Posted:
Well then...

...ask your Lawyer: "How Can HOA Enforce Flooring Rule After Voting On It"?

I'm sure it will include: giving him more of your money!
SusanW1 (Michigan)
Posts: 5,202
Posted:
Ro - a "pending" vote has no power.

That's why I said to look in your documents.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Since your attorney drafted the rule, you should also ask him how does it apply to anyone who modified their condo prior to the ruling (i.e. must the Association make allowances for those units).

RohitW (California)
Posts: 5
Posted:
Thanks for the help you guys. I posted it on lawyers.com and according to a lawyer, if he chooses not to abide, it looks like we'll have to sue:

http://community.lawyers.com/forums/p/108699/522489.aspx#522489

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