ARC ruling

Started by SharonK2 • 5 replies • 1259 views

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SharonK2 (Arizona)
Posts: 1

Posted:

Our CC&R's require board approval of Hardwood, or tile flooring vs carpet in upper units. The CC&R;s say"bedrooms,halleays, dens and dining area but our units have living areas and stairwells. Feeling the intent of the CC&R was noise abatement to the lower unit we denied tile instalation in the "dining-Living area. i felt we acted properly agree?

TimB4 (Tennessee)
Posts: 21,059

Posted:

If your asking if the board had the authority to do what they did, based on what you provided, I would say yes.

If your asking if the boards decision was the protected from legal challenges, I would have to ask if a previous board ever granted tile or hardwood in other units. If they had, then this could have set a precedent and may give the owner a way of challenging the decision.

If your asking if the boards needs to be concerned about noise issues in condominiums, I would say yes.

If your asking if the boards decision was the right one for the situation, there was not enough information provided to provide an informed opinion on that.

If your asking if I agree with the boards decision, my response doesn't matter as I don't live in your development.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I believe there is some type of sound muffling underlayment that can be used. Might want to consider investigating it and making it mandatory versus just saying no.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

'hard' flooring if PROPERLY installed with appropriate SOUND INSULATION is very very very very $$$$$$$$$$$

as Lowes says: 'never stop improving'

or

deproving based upon one's point of view

FredS7 (Arizona)
Posts: 927

Posted:

Your posting is unclear. Did you mean to write that the CC&Rs ONLY mention a required approval for installations of hard flooring in "bedrooms, hallways, dens, and dining area"?

If so, an exact reading would mean an owner does NOT require an approval for hard flooring in the living room. However he WOULD require approval for installation in the dining room.

That would be a strange restriction.

FredS7 (Arizona)
Posts: 927

Posted:

Functionally, a stairwell is also a hallway.

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