Footfall noise and HOA does not have Architectural Guidelines

Dear HOA Community Forum--

I recently purchased a condo, and immediately after I acquired the unit, I started to hear footfall from the unit above me. In casual dialogue with the Board President, she alluded to the fact that she was aware that the Owner above my unit had installed hardwood flooring without using the correct underlayment, or any underlayment for that matter. As you probably guessed, the Owner does not live in the unit as he rents the unit to a family of 5 (including 3 teenagers and a small baby). The footfall has become so unbearable that some of my guests are embarrassed to say anything because it's that bad. I have decided to lodge a formal complaint, and in drafting my written correspondence, I tried referencing the HOA's CCR's, and to my dismay, I noticed that the HOA does not have any set of Arch guidelines in their CCR’s. My question is: can I reference the Davis-Stirling Act website to cite specific violations? Does the Davis-Stirling act supersede the HOA CCR's or lack thereof?

Please help a desperate Condo Owner.

Thanks,

Berry