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Preparing for a possible fight with my new HOA over interior improvements, any suggestions?

Started by MikeS24 • 16 replies • 3647 views

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MikeS24 (Oregon)
Posts: 7
Posted:
Quick Summary: I bought my first condo to live in, and eventually rent. Read the R&R, everything looked fine. President of the HOA is making it sound like I need to get a permission slip for interior improvements, and I'll likely get denied.

Long Explaination: I'm a first time buyer who just purchased my first property, a condo in a twelve unit complex, located in a very desirable part of Portland, OR. It was a HomePath foreclosure, and I got a very good deal on it. The property was built in 1970, remodeled in 2007. My plan is to live here for four or five years, then use it as a rental property. Out of the twelve units, three are owner occupied, not counting mine. The property is managed by a small HOA, consisting of the other owners.

While I carefully (in my opinion) went over the HOA R&R before the purchase, I think I made a mistake by not speaking with the HOA or an attorney about my specific plans before the purchase. I still would have purchased the property, given the good deal, but I would have planned on living there only a year (Fannie Mae requirement) before renting. I still might have to, but I'd much prefer to live there myself, providing I can make the improvements. I purchased the property knowing it needed a lot of cosmetic work, as did the President of the HOA (speaking with her after the purchase). The previous owner used it for illicit activities, and was a general menace to the rest of the owners and tenants.

The bulk of the work is in the bathroom, with water damage to the sub-floor, and a bathtub shower combo which was full of mold/mildew. I essentially gutted the bathroom, removing the vanity, linoleum, toilet, and bathtub shower combo to get a good idea of the damage. Luckily, it's much better than what I had imagined. The kitchen has hardwood floors, which are in good shape, but the carpet throughout the rest of the unit was absolutely disgusting. I removed that next, luckily finding no damage to the sub-floor underneath. Many small drywall holes will need to be patched, then every wall and ceiling primed (with Kilz, for the smoke) and painted. Other than that, nothing too significant. I'm sure if I repaired the place to exactly how it was in 2007, there would be no issue.

Unfortunately, I don't want to live in a basic apartment, circa 2007. I factored in the cost of improvements to 'make it mine' when I purchased it. Three categories make up my improvement plans; electrical, bathroom, and flooring. All of these improvements would be handled by contractors which are licensed, bonded, and insured.

Most of the electrical work is minor, adding circuits, a new outlet, etc. The biggest thing is installing recessed can lights in the ceiling of the kitchen, living room, and hall. With low ceilings, I really dislike fixtures hanging down. I asked the President of the HOA if we had attic access, to which she said yes, but didn't ask why. After this she sent me an email with the R&R, and asking me to submit plans for the work. I told her I didn't have plans quite yet, but I would once I did.

For the bathroom, I want to put in a walk-in shower in place of the combo unit (I know about the hit to rent-ability), and tile the floor. This wouldn't be an elaborate shower (pre-formed base, tile sides), would require no structural modifications (same exact footprint as the combo unit), and as mentioned, the work would be done by professionals. The bathroom fan also needs to be replaced, via the attic.

Lastly, rather than re-installing carpet, I want to install solid or laminate flooring throughout. The kitchen already has hardwood floors, which will be replaced for uniformity. The R&R states only that solid or hardwood flooring must be installed with sound dampening material.

I composed all of this, as well as many of the minor things, in a well-written document, then emailed it to the President last night. I haven't heard back yet, but I'm very nervous that they may throw a wrench in my plans without valid reason.

The three lines in the R&R which pertain to my situation:

"All Wood or Hard flooring material must be installed with sound dampening material to reduce sound transfer to the unit below."

"No interior structural modification may be made without prior written permission from the Board. Structural modifications may include removing or altering any portion of an interior wall, vaulting a low ceiling."

"Final interpretation of the R&Rs rests with the Board"

I may have made the mistake of believing that if I was in compliance with the R&R, I was in the clear. Does that last line mean they can make up the rules as they go? Am I worrying too soon? If they deny me, do I have any recourse? I appreciate any input.
SheliaH (Indiana)
Posts: 6,964
Posted:
Since your condo was once used for illegal activities, I’m thinking the Board and your neighbors are rather spooked about what you might do, so the more forthcoming you are, the better. Right now, I would say be as forthcoming about your plans as possible and then wait and see if the Board has any questions or concerns and go on from there.

If you’re in a high rise, soundproofing materials for wood flooring would be appropriate and neighborly, so I hope you added that in your remodeling request. As for the “interior structural modification”, I don’t think you should have any issues with most of what you’re proposing because you’re not removing or altering any portion of the interior wall or vaulting a low ceiling, so I’m wondering if you even need their permission. But, just in case, be sure to submit your plans with the names of the contractors who’ll do the work – they may be able to answer additional questions the board may have.

The last line doesn’t necessarily mean the Board will “make up the rules as they go along.” First, you need to read your governing documents to see what it says about the Board’s rule making ability. The bylaws and CCRs of most HOAs do give the Board authority to enact additional community rules provided they don’t conflict with the governing documents or local/state/federal law.

Finally check the documents to see if there are any appeal rights if your remodeling requests are denied. Good luck!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By SheliaH on 09/09/2014 1:10 PM
Since your condo was once used for illegal activities, I’m thinking the Board and your neighbors are rather spooked about what you might do, so the more forthcoming you are, the better. Right now, I would say be as forthcoming about your plans as possible and then wait and see if the Board has any questions or concerns and go on from there.

If you’re in a high rise, soundproofing materials for wood flooring would be appropriate and neighborly, so I hope you added that in your remodeling request. As for the “interior structural modification”, I don’t think you should have any issues with most of what you’re proposing because you’re not removing or altering any portion of the interior wall or vaulting a low ceiling, so I’m wondering if you even need their permission. But, just in case, be sure to submit your plans with the names of the contractors who’ll do the work – they may be able to answer additional questions the board may have.

The last line doesn’t necessarily mean the Board will “make up the rules as they go along.” First, you need to read your governing documents to see what it says about the Board’s rule making ability. The bylaws and CCRs of most HOAs do give the Board authority to enact additional community rules provided they don’t conflict with the governing documents or local/state/federal law.

Finally check the documents to see if there are any appeal rights if your remodeling requests are denied. Good luck!

Thank you for the reply, Shelia.

That was my thought too, them being cautious due to the previous owner, and what I've done is exactly as you've suggested. I've been very friendly, even inviting the President in on several occasions to view the damage and the progress. Not because I'm trying to get over on anyone, but because I'm a friendly person and I want to build good relationships with the neighbors. I should have mentioned, it's a two story complex, and I'm on the top floor.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

In a multi unit building things must be done to protect the other units. One cannot have a free hand. How would you like it that the unit below you removes an interior load bearing wall and your living room sinks into their living room?

You say:

"All Wood or Hard flooring material must be installed with sound dampening material to reduce sound transfer to the unit below."

"No interior structural modification may be made without prior written permission from the Board. Structural modifications may include removing or altering any portion of an interior wall, vaulting a low ceiling."

"Final interpretation of the R&Rs rests with the Board"


What part of...."without prior written permission"...."final interpretation rests with the BOD" do you not understand?

Yes you had a "chat" with someone but the above still applies.

MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By JohnC46 on 09/09/2014 1:48 PM
Mike

In a multi unit building things must be done to protect the other units. One cannot have a free hand. How would you like it that the unit below you removes an interior load bearing wall and your living room sinks into their living room?

You say:

"All Wood or Hard flooring material must be installed with sound dampening material to reduce sound transfer to the unit below."

"No interior structural modification may be made without prior written permission from the Board. Structural modifications may include removing or altering any portion of an interior wall, vaulting a low ceiling."

"Final interpretation of the R&Rs rests with the Board"


What part of...."without prior written permission"...."final interpretation rests with the BOD" do you not understand?

Yes you had a "chat" with someone but the above still applies.


I completely agree that the HOA is necessary, and that permission should be obtained. If I implied I didn't, that's my fault. I've certainly never argued against that, as I want those protections myself. I'm not anti-HOA, I'm only worried they won't be willing to work with me.

Do you believe any of what I'm doing is 'structural'? I didn't, but that's why I posted this.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

I am not nor do I play a structural engineer.

I say once you do anything behind/under the drywall/flooring, you are into a structural issue.

As an example. Replacing an existing hang down light fixture is one thing. Adding recessed lighting might well require drilling holes thru ceiling joists for wiring which becomes a structural issue. Adding more wall plugs might require drilling through wall studs for wiring which becomes a structural issue. Either example is standard procedure and would probably be readily approved, but they technically are structural changes thus they need approval.

The laminate flooring install is a noise issue but required approval of such, and sometimes noise testing after installation, is common. Cases out here where the installer followed all proper procedures but it failed noise testing. That can get hairy.

I thing what you have said you want to do is typical and should not present a problem but getting approval in writing in much easier then having issues down the road.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

I am not nor do I play a structural engineer.

I say once you do anything behind/under the drywall/flooring, you are into a structural issue.

Is there not a condo thingy about drywall inward?????

As an example. Replacing an existing hang down light fixture is one thing. Adding recessed lighting might well require drilling holes thru ceiling joists for wiring which becomes a structural issue. Adding more wall plugs might require drilling through wall studs for wiring which becomes a structural issue. Either example is standard procedure and would probably be readily approved, but they technically are structural changes thus they need approval.

The laminate flooring install is a noise issue but required approval of such, and sometimes noise testing after installation, is common. Cases out here where the installer followed all proper procedures but it failed noise testing. That can get hairy.

I think what you have said you want to do is typical and should not present a problem but getting approval in writing in much easier then having issues down the road.

MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By JohnC46 on 09/09/2014 2:36 PM
Mike

I am not nor do I play a structural engineer.

I say once you do anything behind/under the drywall/flooring, you are into a structural issue.

Is there not a condo thingy about drywall inward?????

As an example. Replacing an existing hang down light fixture is one thing. Adding recessed lighting might well require drilling holes thru ceiling joists for wiring which becomes a structural issue. Adding more wall plugs might require drilling through wall studs for wiring which becomes a structural issue. Either example is standard procedure and would probably be readily approved, but they technically are structural changes thus they need approval.

The laminate flooring install is a noise issue but required approval of such, and sometimes noise testing after installation, is common. Cases out here where the installer followed all proper procedures but it failed noise testing. That can get hairy.

I think what you have said you want to do is typical and should not present a problem but getting approval in writing in much easier then having issues down the road.


Thanks John, those are the sort of considerations I was looking for someone to point out. I like to think of potential scenarios, then try to find solutions before they arise. Sometimes that solution is re-analyzing my position and changing it
KerryL1 (California)
Posts: 14,550
Posted:
We're a high rise, Mike, and have lots architectural guidelines. Does your HOA have no document with a name like that? And your HOA have no application process for architectural changes?

Our guidelines specify exactly what hard surface flooring underlayment must be used, etc. But all you have is kind of vague?

We require architectural committee approval for moving wiring or plumbing partly because, as JohnC points out, there may be duct work or risers behind the areas you cut into. S, here, adding circuits and outlets would need approval.

When you write R&R, do you mean Rules & Regulations??? If so, Mike you may find further details in your CC&Rs (aka: covenants; declaration). If there are more details, Im sure your board prez will let you know in response to your email to her.
DaveD3 (Michigan)
Posts: 796
Posted:
Quote:
Posted By JohnC46 on 09/09/2014 2:30 PM
Mike

I am not nor do I play a structural engineer.

I say once you do anything behind/under the drywall/flooring, you are into a structural issue.

As an example. Replacing an existing hang down light fixture is one thing. Adding recessed lighting might well require drilling holes thru ceiling joists for wiring which becomes a structural issue. Adding more wall plugs might require drilling through wall studs for wiring which becomes a structural issue. Either example is standard procedure and would probably be readily approved, but they technically are structural changes thus they need approval.

The laminate flooring install is a noise issue but required approval of such, and sometimes noise testing after installation, is common. Cases out here where the installer followed all proper procedures but it failed noise testing. That can get hairy.

I thing what you have said you want to do is typical and should not present a problem but getting approval in writing in much easier then having issues down the road.


As an engineer and licensed builder, I disagree.
I would never consider drilling holes in studs to run electrical wiring to be a structural modification. Improperly hacking away at a joist or wall, sure. Drilling a hole, nope.

I would consider structural modifications to be those things that direct the structure of the building. Removing or moving a wall, which may or may not be load bearing, turning a window into a door, making a door wider, and so on.

MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By KerryL1 on 09/09/2014 3:24 PM
We're a high rise, Mike, and have lots architectural guidelines. Does your HOA have no document with a name like that? And your HOA have no application process for architectural changes?

Our guidelines specify exactly what hard surface flooring underlayment must be used, etc. But all you have is kind of vague?

We require architectural committee approval for moving wiring or plumbing partly because, as JohnC points out, there may be duct work or risers behind the areas you cut into. S, here, adding circuits and outlets would need approval.

When you write R&R, do you mean Rules & Regulations??? If so, Mike you may find further details in your CC&Rs (aka: covenants; declaration). If there are more details, Im sure your board prez will let you know in response to your email to her.

Thanks for the reply, Kerry. Unfortunately, I didn't know about the CC&Rs when I purchased, and my Realtor didn't tell me. I only received the bylaws, Rules & Regulations, meeting minutes, and reserve study.

I'm going to wait for a reply from the President, and hopefully obtain a copy of the CC&Rs. If this doesn't work out, at least it seems like it'll make a good rental...
JohnB26 (South Carolina)
Posts: 1,001
Posted:
get your building permit approved BEFORE requesting permission and submit same with request

that will allay much fear

and make denial more difficult

the main issue will be sound dampening

doing it PROPERLY can be expensive

In the condominium construction sector, the building code actually specifies a required level of noise reduction underlay that must be used to guarantee reduced noise transmission between floor levels. Laboratories have come up with a testing and measuring procedure that helps builders know if they have achieved the necessary level of sound control and complied with these building code standards. STC and IIC are two of the measuring sticks.

Sound transmission Class (STC): is used as a single number indicator to rate how well materials block airborne sound. Testing procedures used traditional household and office noise in the frequencies most common with TV's, radios, office equipment and the human voice, as the basis of the test.

A STC rating of 30 suggests that this material and installation will block an average of 30dB of noise from transmitting to the floor below, but this is only a generalization as a product can be very effective in noise control over the range of frequencies as suggested above, and yet be next to useless in stopping low frequency thumping of your son's stereo. Thus if you are serious about noise attenuation your installation must factor in onsite specifics associated with the range of frequencies expected.

Impact insulation Class (IIC): Impact sound transmission tests are carried out using a standard tapping machine that uses 5 steel-faced hammers that strike the floor being tested. The tapping machine is placed in several positions on the floor and the impact sound pressure levels are measured in the room below in the frequency range 100 to 3150 Hz. This is a way to study how movement from daily foot traffic will transmit noise to the room below.

As with STC, the building code is specific in the minimum acceptable IIC rating that a nose reduction laminate underlay must attain for multilevel construction.
MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By DaveD3 on 09/09/2014 3:24 PM
Posted By JohnC46 on 09/09/2014 2:30 PM
Mike

I am not nor do I play a structural engineer.

I say once you do anything behind/under the drywall/flooring, you are into a structural issue.

As an example. Replacing an existing hang down light fixture is one thing. Adding recessed lighting might well require drilling holes thru ceiling joists for wiring which becomes a structural issue. Adding more wall plugs might require drilling through wall studs for wiring which becomes a structural issue. Either example is standard procedure and would probably be readily approved, but they technically are structural changes thus they need approval.

The laminate flooring install is a noise issue but required approval of such, and sometimes noise testing after installation, is common. Cases out here where the installer followed all proper procedures but it failed noise testing. That can get hairy.

I thing what you have said you want to do is typical and should not present a problem but getting approval in writing in much easier then having issues down the road.



As an engineer and licensed builder, I disagree.
I would never consider drilling holes in studs to run electrical wiring to be a structural modification. Improperly hacking away at a joist or wall, sure. Drilling a hole, nope.

I would consider structural modifications to be those things that direct the structure of the building. Removing or moving a wall, which may or may not be load bearing, turning a window into a door, making a door wider, and so on.


Thank you for your reply. That's exactly what I considered it to be before the purchase. I probably should have got clarification in writing, but it seems pretty obvious they're referring to studs and joists in a two story condo structure.
MikeS24 (Oregon)
Posts: 7
Posted:
Quote:
Posted By JohnB26 on 09/09/2014 3:28 PM
get your building permit approved BEFORE requesting permission and submit same with request

that will allay much fear

and make denial more difficult

the main issue will be sound dampening

doing it PROPERLY can be expensive

In the condominium construction sector, the building code actually specifies a required level of noise reduction underlay that must be used to guarantee reduced noise transmission between floor levels. Laboratories have come up with a testing and measuring procedure that helps builders know if they have achieved the necessary level of sound control and complied with these building code standards. STC and IIC are two of the measuring sticks.

Sound transmission Class (STC): is used as a single number indicator to rate how well materials block airborne sound. Testing procedures used traditional household and office noise in the frequencies most common with TV's, radios, office equipment and the human voice, as the basis of the test.

A STC rating of 30 suggests that this material and installation will block an average of 30dB of noise from transmitting to the floor below, but this is only a generalization as a product can be very effective in noise control over the range of frequencies as suggested above, and yet be next to useless in stopping low frequency thumping of your son's stereo. Thus if you are serious about noise attenuation your installation must factor in onsite specifics associated with the range of frequencies expected.

Impact insulation Class (IIC): Impact sound transmission tests are carried out using a standard tapping machine that uses 5 steel-faced hammers that strike the floor being tested. The tapping machine is placed in several positions on the floor and the impact sound pressure levels are measured in the room below in the frequency range 100 to 3150 Hz. This is a way to study how movement from daily foot traffic will transmit noise to the room below.

As with STC, the building code is specific in the minimum acceptable IIC rating that a nose reduction laminate underlay must attain for multilevel construction.

According *a* local contractor, he doesn't *think* I need a building permit, only a permit for the electrical work. Emphasis added to note that I'm taking it with a grain of salt. Unfortunately, I already sent the email.

That's great information about sound dampening. I'm hoping the fact that there is hardwood floors in the kitchen from the 2007 remodel are a clue the construction doesn't suffer from this issue. I suppose we'll see what they say.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By MikeS24 on 09/09/2014 3:32 PM
According *a* local contractor, he doesn't *think* I need a building permit, only a permit for the electrical work.

Why not contact the local zoning inspectors office, share what you plan do do, and ask what you should get permits for? I would not rely on what a contractor told me. Also, if the structural/non-structural question might be a point of contention, the opinion of a zoning inspector might be valuable to you.

Sikubali jukumu. Read all posts at your own risk.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
the contractor may not need a permit

but

YOU, as the builder, DO NEED A PERMIT

yes, YOU are the builder - the contractor works for YOU

(in addition some trades in some jurisdictions require specialty licenses in addition to the general business license)
JeffT2 (Iowa)
Posts: 880
Posted:
Check your governing documents for the definition/description of your unit and your unit boundaries, as well as the description of the limited common elements and common elements. Then check your docs for your maintenance responsibilities and the association's maintenance responsibilities. This is crucial background info. You may be altering things that are the responsibility of the association to maintain in the future.

Some of your repairs are clearly not "interior", and therefor affect the association's long-term maintenance and insurance issues. Installing lights in the ceiling may put the fixtures outside the boundaries of your unit, and may affect common element insulation and affect insurance issues. It may or may not be "structural" to drill a stud, but you need approval for any drilling of a common element stud.

Many boards lack the expertise to evaluate your plans and so they may want an expert to sign off on such repairs, at your expense for the expert.

Your association may want their contractor to work on things like the sub-floor, since the sub-floor is likely not part of your unit.

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