FL, 2nd Floor Concrete slab repairs HOA or Owner

Started by MaryH14 • 3 replies • 2193 views

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MaryH14 (Florida)
Posts: 1

Posted:

What is the law regarding 2nd floor slab construction flooring. The floor is constructed by 3-1/2 - 4-12 feet slabs with some kind of concrete filling in between which is crumbling. The old carpet that is on the floor now has a wavy pattern because of it. In other words it has a hump and then goes down then another hump and goes down throughout the whole living/dining area. I tried to have laminate flooring installed. The installer told me that I'd have to have the whole floor repair so it was flat. I feel this is a cheap construction flaw, where the builder cut corners to save money when they put in the flooring, and should be the Condo Association Responsibility. It is quite expensive to have fixed, and even worst because I'm on the second floor. The Installer told me that if I just settle for new carpet, those humps will eventually show through, no way to hide them. Does anyone know what the Florida HOA law is on that?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Depending on how old your complex is, there may be a builder warranty in effect.

As for actual FL laws pertaining to building constructions, I do not know them. You may (should) consult with a local attorney specializing in building problems to receive an answer to that question. Here is a link to to the FL statutes if that can be of assistance.

Is your unit the only one affected? Talk to your neighbors. They may have gone through the issue in the past. If not, there tends to be strength in numbers when making complaints.

I also encourage you to continue to learn as much as you can about the issue and it's possible causes. Sites that deal with home improvement may assist in knowing the expense needed to repair. Sites dealing with construction problems may have more information specific to your issue.

As for who's responsibility it is, that will be contained within your governing documents.

I Hope this helps,

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why go to Florida law when it's in your OWN documents? Read those first on the responsibility. I would also seek out a few quotes on the cost. There are cheaper solutions available. There are some "self leveling" concrete one can put down when installing flooring. Plus it will help to have done some of the legwork for the Board so they can decide the best option.

Realize this: A HOA is ONLY funded by it's members FOR it's members. Depending on what your HOA has in reserves, expect a special assessment or a raise in dues to address your issue. That is because ALL the owners will have to chip in for this repair some way or another including yourself. That is if your owner owned and operated.

This is a structural issue that I would assume would be considered part of the HOA's/condo responsibility. It sounds like common area. If your on a second floor, installing laminate flooring is a bad idea for noise control for your bottom floor residents. It may be restricted. Carpeting may be your option and should be in your documents as well if that is what is to be installed.

You may be able to get away with self-leveling concrete, a thicker carpet padding, and carpet. However, it's best to make sure there are no structural compromises. The HOA may pay for the constructural work but you have to pay for the flooring.

Former HOA President

LarryB13 (Arizona)
Posts: 4,099

Posted:

Mary,

From your description it may be that your floor was constructed from a precast concrete product sometimes called "Spancrete." It is a very good product but the edges are somewhat rounded making it difficult to put a floor over.

I would suggest calling a flooring contractor (as opposed to a carpet layer or laminate flooring installer) and getting their recommendations. One possible way to deal with the problem is to pour a layer of self-leveling concrete. Another possiblity is to install a subfloor of plywood or OSB. Yes, it does sound like the builder cut corners by not installing some sort of subfloor.

You may be right that it should be the association's responsibility to provide a smooth surface but keep this in mind: If they fix your floors they have set a precedent to fix all floors. This may mean a special assessment where everyone, including you, is paying for everybody else's floor. Therefore, you may be best off to bite the bullet and pay for just your own floor.

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