Condo interior upgrade

Started by GaryD3 • 5 replies • 2008 views

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GaryD3 (California)
Posts: 4

Posted:

I am in the process of purchasing a condo,and neighbor below complained to the seller about wood floors and told her if she sells the unit with wood floors, she would take her to court.Now,Seller is backing off on the deal.
Question- Do you have to get HOA approval for interior upgrades, if its not a structural change.

RZ (Arizona)
Posts: 51

Posted:

The downstairs neighbor is not a party to the sale and has no standing to make demands of this nature. If there is a realtor involved, turn this issue over to him/her tonight!

One other scenaro could be the seller is getting cold feet and using this as an excuse. You have a contract I assume, so only reasons outlined in the contract can be used to cancel the sale. Take a look at them and see if "demands of downstairs neighbor" is one of the valid reason for cancelling the sale!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Wood flooring can increase the noise levels to the downstairs neighbor. It can be a concern but not one that should interupt the sale of the property. I hope you are using a buyer's agent. They may help you negotiate the sale.

I just don't see the downstair neighbor being able to stop the sale of this property. There has to be more to this than what appears...I'd start with a copy of the CC&R's at the local courthouse in the records department. I'd also see if you can get an idea of the HOA runs. The seller may be trying to get out for a reason...

Former HOA President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

I agree with the others that the neighbor below is not a party to the sale and shouldn't be interfering.

Taking a practical view I might reconsider buying if the seller really wants to back out. It's likely the neighbbor below doesn't get along with the seller because of the wood floors (and noise) and probably would be unfriendly to any new owner as well.

FredS7 (Arizona)
Posts: 927

Posted:

> Taking a practical view I might reconsider buying if the seller really wants to back out.

You should also reconsider buying because you are likely to have a future problem with the neighbor. And maybe the association.

Many condos have a requirement for soft flooring material or at least a minimum rug coverage. This is done for precisely this reason, to minimize noise. Even if not the CC&Rs likely have language concerning nuisances, including unreasonable noise. This is of course subject to interpretation BUT do you really want to get into this?

Some buildings may be particularly prone to problems of the sort because of construction or design and are best avoided.

KathrynS6 (California)
Posts: 3

Posted:

Check the CC&Rs but I'm sure you will find that floor surfaces are regulated. You have a chance here to avoid a world of trouble. Find yourself another home to purchase. Any website you visit which addresses HOA issues will include material about the issue of noise transmission. Do some homework.

You are about to buy into an ongoing debate which you will regret soon, and for a very long time. Even if you are in love with the property now, it IS NOT WORTH the trouble.

And YES, an owner must get approval to change an original floor surface. Because of noise transmission issues, flooring is not just an aesthetic choice, like, say paint color. The floor is part of the building structure, & as such, you bet you need permission to change it (I realize that the change was made already, but if you buy now, you are taking on the conflict, and you have already been warned. - RUN- don't walk away from this deal and be glad you have a chance to back out!)

That wood floor was likely installed in violation of the CC&Rs and/or without permission of the BOD, in the past, but the neighbor vs neighbor problems which accompany it are real and ongoing in the present and future. I have seen these conflicts drive otherwise sane and reasonable people crazy for years and result in expensive litigation. BE FOREWARNED!

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