AntonellaC (California)
Posts: 2
Posts: 2
Posted:
I'm currently in a dispute with my HOA regarding my hardwood floors and really need to get some feedback regarding what I should do next. Let me try to recap the situation as briefly as possible.
I installed hardwood floors shortly after becoming a first time home owner in early December 2007, with the written approval of the HOA. In July 2008, the HOA told me about a complaint coming from my downstairs neighbor and gave me 15 days to complete a sound test to comply with the CC&Rs. Until that time, I had no idea a test was necessary as it was never communicated to me but decided to look into it as a show of good faith. As I gathered the requirements of the test, I contacted the HOA again to let them know that the contractor informed me my condo would need to be emptied (hence require moving my furniture), have access to both condos and it was a minimum of $1,500/room (all rooms that have been modified need to be tested per the CC&Rs, my floor was installed throughout my unit!) and started debating the reasonableness of such a requirement, specially when no proof was ever provided by my neighbor. I quickly realized they had no clue what the test entails which led me to believe no one in my HOA ever had to complete it before. After some back and forth between the neighbor, HOA and myself; the neighbor decided to not have me complete the test as he did not want to bother is tenants and the HOA dropped it.
Flash forward to April of this year, once again the HOA is requiring me to do the test, giving me 30 days this time. To this day, I still do not know exactly what they are looking for as they won't answer a list of questions a contractor had before he could even provide me with a quote. I then started debating with them that we are close to four years after my installation and that it's just ridiculous, specially when no one else is doing the test and that the test itself may cost anywhere from 50-200% the cost of my floors. I also informed the HOA that an owner cannot do something they are not aware of and that if the test is indeed mandatory, everyone would then need to complete it. I decided to look into the civil code of CA to see what I could find. I came up with the statute of limitations which is five years, the enforcement of the CC&Rs which needs to be fair and non-arbitrary but also done in a timely manner in case of a violation assuming the rules are fair and reasonable to begin with. I wrote the HOA a letter citing the various articles of the civil code they are in breach of and got an answer a month and a half later from their lawyer.
The letter avoided all the questions I had regarding the rights the HOA may have 4 years after the facts, it claimed that the test is the owners' responsibility, which is ludicrous when you think that this is not something you can't do on your own. As a new owner, you are supposed to know your downstairs neighbor name and contact info as you move in, set up a test (not sure which one) and do that all on your own without ever being asked for it? But to add insult to injury, their lawyer stated that I installed my floor without approval, which is a lie (I have all the necessary documents to prove it). They are still asking me for the test, not giving me what I need to actually get it done and justifying that they only check into the test when receiving a complaint... Isn't that discrimination? If you are lucky and your neighbor is a reasonable person, you'd then have completed a test which will set you back at least $5000 for no reason?
The situation gets more and more ridiculous as time goes by! I'm not sure what to do, I had threaten legal action and their lawyer pointed out that they didn't feel litigation was necessary and that they hope my threats were only that. If I get a lawyer, it will be costly, time consuming and not guaranteed; if I do the test (assuming they decide to answer my questions), I feel i'm being treated unfairly and bullied by the scare tactics of the HOA, not to mention, it could still be extremely costly. I'm at a loss, I don't know what to do anymore, they made my experience a nightmare all that for floors that I got approved and believed were in compliance of all the rules. Any feedback would be greatly appreciated. Thanks.
I installed hardwood floors shortly after becoming a first time home owner in early December 2007, with the written approval of the HOA. In July 2008, the HOA told me about a complaint coming from my downstairs neighbor and gave me 15 days to complete a sound test to comply with the CC&Rs. Until that time, I had no idea a test was necessary as it was never communicated to me but decided to look into it as a show of good faith. As I gathered the requirements of the test, I contacted the HOA again to let them know that the contractor informed me my condo would need to be emptied (hence require moving my furniture), have access to both condos and it was a minimum of $1,500/room (all rooms that have been modified need to be tested per the CC&Rs, my floor was installed throughout my unit!) and started debating the reasonableness of such a requirement, specially when no proof was ever provided by my neighbor. I quickly realized they had no clue what the test entails which led me to believe no one in my HOA ever had to complete it before. After some back and forth between the neighbor, HOA and myself; the neighbor decided to not have me complete the test as he did not want to bother is tenants and the HOA dropped it.
Flash forward to April of this year, once again the HOA is requiring me to do the test, giving me 30 days this time. To this day, I still do not know exactly what they are looking for as they won't answer a list of questions a contractor had before he could even provide me with a quote. I then started debating with them that we are close to four years after my installation and that it's just ridiculous, specially when no one else is doing the test and that the test itself may cost anywhere from 50-200% the cost of my floors. I also informed the HOA that an owner cannot do something they are not aware of and that if the test is indeed mandatory, everyone would then need to complete it. I decided to look into the civil code of CA to see what I could find. I came up with the statute of limitations which is five years, the enforcement of the CC&Rs which needs to be fair and non-arbitrary but also done in a timely manner in case of a violation assuming the rules are fair and reasonable to begin with. I wrote the HOA a letter citing the various articles of the civil code they are in breach of and got an answer a month and a half later from their lawyer.
The letter avoided all the questions I had regarding the rights the HOA may have 4 years after the facts, it claimed that the test is the owners' responsibility, which is ludicrous when you think that this is not something you can't do on your own. As a new owner, you are supposed to know your downstairs neighbor name and contact info as you move in, set up a test (not sure which one) and do that all on your own without ever being asked for it? But to add insult to injury, their lawyer stated that I installed my floor without approval, which is a lie (I have all the necessary documents to prove it). They are still asking me for the test, not giving me what I need to actually get it done and justifying that they only check into the test when receiving a complaint... Isn't that discrimination? If you are lucky and your neighbor is a reasonable person, you'd then have completed a test which will set you back at least $5000 for no reason?
The situation gets more and more ridiculous as time goes by! I'm not sure what to do, I had threaten legal action and their lawyer pointed out that they didn't feel litigation was necessary and that they hope my threats were only that. If I get a lawyer, it will be costly, time consuming and not guaranteed; if I do the test (assuming they decide to answer my questions), I feel i'm being treated unfairly and bullied by the scare tactics of the HOA, not to mention, it could still be extremely costly. I'm at a loss, I don't know what to do anymore, they made my experience a nightmare all that for floors that I got approved and believed were in compliance of all the rules. Any feedback would be greatly appreciated. Thanks.