Unauthorized Hard Wood Floors

Started by BarbaraC15 • 13 replies • 1728 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BarbaraC15 (Georgia)
Posts: 23

Posted:

Now there is another problem. The investor/owner above me started to install hardwood floors (they aren't allowed per our documents on the 2nd floor). They were told by the management company and a member of the BOD to stop the installation immediately. Yesterday it sounded like bowling balls were being dropped on my ceiling, it was so bad a ceiling vent fell down. So I went upstairs to ask what all of the noise was about, and guess what they had installed the wood flooring anyway, even though they were told not to. So I emailed the managment company, told them, and was rudely told not much we can do about it since they already installed it.

Sorry to be such a pain, causing arguements etc, but I am at my wits end here. It's bad enough they illegally rented it and now this.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Barb,

The MC is wrong. Unfortunately, it may involve a court battle to force compliance.

If the Board (personally I think you need to quit dealing with the MC and go directly to the Board) isn't willing to enforce the covenants, then you have the following options:

1) Enforce them yourself through the courts
2) Gather support and replace the Board with members (perhaps you) who will enforce the covenants.

CarolR11 (Colorado)
Posts: 2,563

Posted:

First, is there a schedule of fines for violating the hardwood floor rule? Look for it.

We have a schedule of fines about a lot of things and one is unapproved architectural change. In our HOA, we (the board) would call the owner to a hearing, fine him and (because we do permit them) demand the floors be inspected and certified by a floor specialist to see if they meet our written standards. If they do not we'd require they be removed.

But try to get this illegal floor on your board's agenda. Send every member of the board, copying the PM, certified letters asking them to put this obvious violation that already is known to one director on the agenda. Since it's a case of owner discipline, it probably should be dealt with in an executive session of the board.

If that fails, you'll need to follow Tim's advice on your previous thread and earlier on this one.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Barbara,

There is plenty of legal precedent for requiring the removal of unauthorized construction in situations where the owner built or installed something after being warned that it would violate restrictions. The fact that they completed the job does not matter because they had been warned of the violation when they started.

Tim is correct in that you need to go to your association board and not the management company.

If the board is unwilling to act, then you will need to consult an attorney. It sounds like you have an excellent case, especially if you can document who warned the owner and when. Please keep in mind that while going to court is very expensive, many complaints such as yours can be settled in early stages with little more than a letter from an attorney threatening legal action.

BTW, if the flooring was installed by a licensed contractor see if you can file any sort of complaint against him with whatever agency licenses contractors.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Barbara,

you are free to pursue the covenant violation through the court system

any additional talk is fruitless

y'all have a good day

John B.

SG3 (Pennsylvania)
Posts: 63

Posted:

Since the issue with hardwoods is noise, why not require they use area rugs throughout and across all traffic patterns.

BarbaraC15 (Georgia)
Posts: 23

Posted:

The point is hardwoods not allowed on the 2nd floor. Investor/Owner was told not to installl them and they did it anyway. Besides, the rugs wouldn't help the very loud bedroom noises. Almost every night it sounds like the bed is going to fall through the ceiling. If I didn't know better I would think the craigs list hooker has back, lol

SG3 (Pennsylvania)
Posts: 63

Posted:

I know what the point is. You are planning on having them rip it out? Carpet is rugs. They absorb noise. Have the floors mostly covered and it should be like carpet. Border of wood in the bedroo should be the same.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Know what, SG3? If an owner put in hard surface floors w/o ARC approval, and we learned that the installation did not comply with our ARC Guidelines re: many written rules, yes, our board would have them tear it out. Hasn't happened in 13 years though.

SG3 (Pennsylvania)
Posts: 63

Posted:

It's not right and, yes, good luck having it removed, but that is a costly reno which, if can be solved with large area rugs then why not. It doesn't really matter what type of rug covering it is. Then they can still enjoy seeing a bit of wood around the edges. Now if it was done due to allergies, they still have that problem.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

the problem was that CHEAP laminate was IMPROPERLY installed

there are CODE sound transmission rules which were (probably) not followed

the 'good' underlayment usually costs as much as, if not more, than the actual flooring

this is another example of 'difficult to enforce' therefor banned

typical cost for 'real hardwood' (whether engineered or solid):

laminate underlayment: 5/8" incl. 'sound layer' = $3.50 per foot
laminate itself: $3-5.00 per foot
labor: $1.00 per foot
$8-9.00 per foot / $72-81.00 per square yard to do PROPERLY

top of the line carpet: $45 per square yard installed with new good padding

y'all get the point

court ordered acoustic engineer (court order required for access to offending unit: $450.00 for report

BarbaraC15 (Georgia)
Posts: 23

Posted:

I just wanted to give you an update about this problem.

The investor/owner removed the wood flooring yesterday and installed carpeting. I guess they didn't like getting billed for the daily fines.

Now if the BOD would do something about the illegal renter, I will a happy camper.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Thanks for the update Barbara.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

? what crime has the renter committed ?

? other than desiring to live in a nice area ?

! call law enforcement !

? what covenant has the RENTER violated ? other than renting ?

! take legal action against the owner !

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here