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TristenL (California)
Posts: 8
Posted:
Thank you for taking a moment to read my post. I live in a condo where I am the upstairs unit and there is no one above me. My downstairs neighbor complained to the HOA that my bedroom floors creak. When I first met my neighbor, she described herself and her daughter as "noise sensitive" yet the bought a bottom unit. According to the HOA's contractor there are 2 solutions, open her ceiling and add noise barriers or move out my bedroom furniture, pull up my carpet and they rebuild my floor (2 day project).

The board approved the work to my unit and I flat out don't want it done. These are my problems with the work being done on my side.

1 I am starting a new job in a couple weeks and can't take time off to watch the work being done.

2 Where am I supposed to sleep while the project is in process?

3 If she is noise sensitive, shouldn't they fix her ceiling that would protect her from sounds other than the creaking floor.

4 Can they guarantee that my carpet will be replaced and reinstalled properly?

5 I don't want this contractor to do the work. I know that he has had to re-do work and is overpriced. I also know that 2 of his employees were caught peeing in the bushes. How am I supposed to trust them?

6 She is a school teacher and on Summer break in a couple weeks. It would be more convenient for the work to be done on her side.

...can anyone help me with ideas to have the work done on her side not mine?

Thanks so much!
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is a 3rd option. It's a lot less money and can be done yourself if you want. Saw it on an episode of "Ask This Old House". This person had a creaking floor that kept waking their baby. They also had carpeting too. The fix is simple and involves special break away screws. The screws come with a special attachment connecting to your drill to install perfect depth through carpet.

It's pretty simple. You just run a few string lines across the floor 16 inches apart to match up with support boards. They should be 16 inch to center on most builds per code. Just have to know which way the run. You then just insert the screws into the drill and insert into the special attachment. The screws then break off and disappear under the carpet.

You can put down as many as you want anywhere that a board needs to be tightened. A much cheaper solution than ripping up the floor to do basically the same thing.

Former HOA President
TimB4 (Tennessee)
Posts: 21,061
Posted:
Tristen,

Have you discussed your concerns with your Board?

All of your concerns seem like something can be worked out if each side is willing to compromise.
TristenL (California)
Posts: 8
Posted:
Hi Tim,

Part if the issue is my downstairs neighbor is the board president. She violates rules constantly with no consequences.
KerryL1 (California)
Posts: 14,550
Posted:
How many directors on on the board, Tristen? The prez should not have voted on this solution as she has a conflict of interest. What does she mean "noise sensitive," and if so, why should that be your personal problem?

Are you saying the board wants you to pay for this "solution?" Did you put in this floor that's making this extra noise? Or is it an original floor? How old is your condo? How many unit?

I'm in a high rise condo and on the Board. We have a similar case coming up next week. Just got my board packet so don't know the details yet.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By TristenL on 05/25/2017 4:47 PM

Part if the issue is my downstairs neighbor is the board president. She violates rules constantly with no consequences.

Not relevant in working out a compromise with the Board (i.e. the entire Board).

Ask for a meeting.
TristenL (California)
Posts: 8
Posted:
Quote:
Posted By KerryL1 on 05/25/2017 5:25 PM
How many directors on on the board, Tristen? The prez should not have voted on this solution as she has a conflict of interest. What does she mean "noise sensitive," and if so, why should that be your personal problem?

-I'm not sure how many people are on the board, she's the longest sitting board member. She sleeps with her bathroom fan on as white noise, I hear it but have never complained. You bring up a good point, if it's not a structural issue then why is the HOA paying for it.

Are you saying the board wants you to pay for this "solution?" Did you put in this floor that's making this extra noise? Or is it an original floor? How old is your condo? How many unit?

-the association will be paying for the repairs. Per the contractor the floorboards need to be re-secured. The carpeting is 12 years old. The condo itself was built in 85 bit was a condo conversion in 2005. Not sure if they did anything to the floors. In my building I'm on the top and she's on the bottom, only other neighbors are on one side.

I'm in a high rise condo and on the Board. We have a similar case coming up next week. Just got my board packet so don't know the details yet.

- I would be interested to hear what happens. ☺
LetA (Nevada)
Posts: 2,679
Posted:
She has a definite conflict of interest, I would contact your local ombudsman's office and file an immediate complaint. depending on
how time sensitive this is, they can on your behalf file a motion to halt any proceedings until an amicable solution can be worked out.
MarkM31 (Washington)
Posts: 494
Posted:
In usual useage, an ombudsman is somebody who represents the public against poor administration by government. That is not the case here.
MarkM31 (Washington)
Posts: 494
Posted:
Quote:
Posted By MelissaP1 on 05/25/2017 3:26 PM
There is a 3rd option. It's a lot less money and can be done yourself if you want. Saw it on an episode of "Ask This Old House". This person had a creaking floor that kept waking their baby. They also had carpeting too. The fix is simple and involves special break away screws. The screws come with a special attachment connecting to your drill to install perfect depth through carpet.


I wouldn't allow that in my house. The screws can grab a thread of carpet and pad and make a mess. Also, it is difficult to find the joists under existing carpeted floors.
TristenL (California)
Posts: 8
Posted:
So, I read through the CC&R's to see where they state that the association is responsible for the floors. I did not see it, unless I missed it somewhere. I've attached a portion of the CC&R's.

Am I missing it?

THANKS ALL!
📎 Attachments (2):

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📄152601198771.pdf(130 KB)
📄15260123454.pdf(107 KB)
PitA
Posts: 1,416
Posted:
Evidently the 'subfloor' is considered a structural element for which the association is responsible.

Any carpet or other flooring installed UPON the subfloor would be the owner's responsibility.
KerryL1 (California)
Posts: 14,550
Posted:
Don't you, Tristen, have architectural guidelines about floors in your multistory condo building? These might be in your CC&Rs or in a separate document of Architectural Guidelines. You also probably have Architectural change requests for things like hard surface floors, moving plumbing, etc., yes?

Would you mind answering my questions above?

I see in our upcoming case, a 7th flr. unit rec'd ARC approval to install hardwood flooring throughout in 2013. Their app shows that their underpayment etc., is acceptable here. The floor below is complaining they hear all kinds of weird noises. I don't know how long the 6th floor has lived here. I don't know if what the 7th floor installed is what was approved. The 6th floor requests that the board do a sound test. We don't meet till Tues., when I'll get more details

TristenL (California)
Posts: 8
Posted:
Hello Kerry,

There are guidelines, the carpets are the same carpets from the last 12 years.

Not sure which questions you are referring to,
How many directors on on the board, Tristen? The prez should not have voted on this solution as she has a conflict of interest. What does she mean "noise sensitive," and if so, why should that be your personal problem?

-I'm not sure how many people are on the board, she's the longest sitting board member. She sleeps with her bathroom fan on as white noise, I hear it but have never complained. You bring up a good point, if it's not a structural issue then why is the HOA paying for it.

Are you saying the board wants you to pay for this "solution?" Did you put in this floor that's making this extra noise? Or is it an original floor? How old is your condo? How many unit?

-the association will be paying for the repairs. Per the contractor the floorboards need to be re-secured. The carpeting is 12 years old. The condo itself was built in 85 bit was a condo conversion in 2005. Not sure if they did anything to the floors. In my building I'm on the top and she's on the bottom, only other neighbors are on one side.

I'm in a high rise condo and on the Board. We have a similar case coming up next week. Just got my board packet so don't know the details yet.
KerryL1 (California)
Posts: 14,550
Posted:
I'm just curious about how many directors are on your board. Don't you attend board seeings, Tristen? The reason I ask is just that if you request a meeting with the board about this topic, you all might come to an understanding about the work that your HOA is paying for, why it's necessary.

If the HOA already has signed the contract, in Calif., you may request a copy of it and you'll be able to see that your carpet is treated correctly, etc.

The HOA is paying for this work, which means every owner is paying, but it is up to the Board to make the decision, get bids, etc. You don't really have a voice in that part.

Say, how many units are there?
TristenL (California)
Posts: 8
Posted:
So, the contractor wants to start ASAP. I'm going to try and hold them off as much as I can. I am also going to suggest theyvinsulate her ceiling since she is the "noise sensitive" one.
DouglasM6 (Arizona)
Posts: 724
Posted:
Will you get free carpet? If so, I'd let them do it. If it's not done to your satisfaction you can file a complaint afterwards.

All of the other stuff I agree with too. The fact that she's the president should have nothing to do with it; other than she might know what's right in this situation. Ask for a meeting and tell them the carpet will be ruined when it's pulled up off the tack strip. It will delaminate at the edges. The cost of your carpet might change their minds. If not, enjoy the new carpet. As I see it, the carpet is the only thing you have a stake in.
MichaelB44 (California)
Posts: 33
Posted:
Typically, squeaky subfloors don't need a complete "rebuild" but that would be the only way to ensure the problem doesn't re-occur. If they are going to "rebuild" the floor they are going to pull up your subfloor and, if they're doing it right, glue the subfloor to the floor joists as well as screwing it all down. A few screws would probably suffice, but if they're going to this extent they will (or should) insulate your downstair's neighbors ceiling at the same time (the space above her ceiling is the same space below your creaky boards). It's a lot less expensive to insulate from above than it is to tear out someone's entire ceiling, reinstall a new ceiling, reinstall all the light fixtures/fans, and then paint it.

Your carpet can be reused without any negative consequences. The contractor will simply re-stretch the carpet and re-attach it to the tack strips. The padding underneath it would need to be re-used. Re-stretching carpet, fixing squeaky floorboards, re-using carpet in the same room, etc. are all common issues and it will be difficult you deserve/need a new carpet for this issue.

I suggest figuring out what you want to accomplish here and focusing your efforts on the things you can't negotiate on. That is, it's been a month since you started this thread and presumably you're already in your new job. How strongly do you feel you need to watch construction for two days? If you don't know how to repair floors or lay carpet, then you won't know what you're watching anyway. Unless this is simply an issue of trusting strangers in your home then address that concern--securing your valuables, for example.

You need new padding after this job, not new carpet. The carpet can be re-stretched without consequence but the padding is going to be either glued or stapled down and will need to be torn out. Given the inconvenience to you, this is a good leverage point to ask for upgraded padding (which is also going to have a better impact on the comfort and longevity of your carpet than a new carpet assuming the carpet you have is already a good quality one).

You need a place to sleep, not necessarily your home for a day or two. This seems like a good leveraging point to request hotel accommodations. It does seem unreasonable to ask you to move your furniture into another room and then set it all up again so that you can sleep there.

Your downstairs neighbor is noise sensitive. There's no guarantee she won't hear something else through your floor after this work. This would be another good reason to request they install sound barrier while they have the airspace open between the floors. If they glue the floorboards down then they won't be able to get them up again and they'll have to go through a very expensive process of tearing through her ceiling. If they aren't going to glue the floorboards down, then they don't need to rebuild the floor. If the bid consists of tearing up the floor and screwing down new sub-flooring, the issue is going to reoccur. Chances are your board doesn't have flooring experience and they may be relying on the contractor's opinion. Point out these concerns and common sense should dictate even without specific expertise.

By way of example, I've recently resolved a decade long issue of our park's grass not having full sprinkler coverage. For at least the past ten years the issue was claimed that our sprinkler head layout was wrong and that it'd take a complete re-trenching and re-installation. The previous president refused to approve the expenditure. Instead, he walked around with a hose and sprinkler each morning and covered the dead spots. I decided to start at the obvious point--the sprinkler heads hadn't been replaced or configured properly in at least as long as the issue. I had a different contractor come out to replace and setup the sprinkler heads. While they were pulling the heads, they discovered that nearly all of the old sprinklers were broken, thereby reducing the water pressure, and that alone accounted for why they were only throwing halfway across the area they needed to be. Anyway, the fix from one expert's opinion isn't always the best or the right way to do things. If you want to bolster your opinion about any of this you can request a flooring company to come out and give you a bid and show that to the board.
TristenL (California)
Posts: 8
Posted:
Hello, Not getting new carpet, they are just going to reinstall the current carpet which I plan on replacing in the next year or so. I sent a somewhat lengthy email yesterday to the community manager. I'm thinking my next response will be after the next board meeting. At least it will buy me a month or so.
TristenL (California)
Posts: 8
Posted:
MichaelB44, thanks for the info and insight. I was not requesting new carpet but the information on the padding is useful.
I know this contractor, he worked last year on our trellis and left wood pieces, loose used nails and paint spills all over my stairs. It was a long process to get him to clean the paint off my stairs. He claimed it was environmental elements not paint. I know the difference between white paint drops and dirt. I don't trust him or his workers. I also heard, that two of his workers were caught urinating in the bushes. Another issue, is he is planning on moving my bedroom furniture into my living room. I know it won't fit and if it comes down to it, I will send photos of my place to the HOA.

I have sent an email to the community manager, mentioning that my neighbor identified herself as noise sensitive when we first met. I requested that the board (sans her) reevaluate the options. Since she is noise sensitive it would make sense to prevent further issues with noise to insulate her ceiling. I asked if the creaking from the floor is a disruptive as the bathroom fan I hear her running all night for white noise. After all, we live in a multi-family dwelling, there will be noise. I have put up with the fan noise for over 6 years. The creaking is from my bedroom floor, I'm not in my bedroom running around or jumping up and down. I walk to my bed, to the bathroom and in the mornings, I walk around more when I'm getting ready for work.

It's all just frustrating to me, that I have to be inconvenienced for the sake of a little noise. The contractor has me running around my bedroom so he can hear the noise. It probably isn't worth their battle but I will continue on.

THANKS for hearing me vent. (reading me vent).
MichaelB44 (California)
Posts: 33
Posted:
I don't think you're going to win this issue regarding addressing it from her ceiling up vs. your floor down. The airspace is the same, which in practical terms means even if all they wanted to do was sound barrier her ceiling they'd go at it from your sub-flooring down if only to save on material costs.

I do recommend accelerating your carpet purchase if you plan on replacing in a year or two. You could ask the contractor to install your new carpet and that would reduce your installation cost by roughly half. If that's an already planned expense, you could put the savings from not paying labor toward a better quality carpet.

I understand venting, just make sure you know which hill you're willing to die on.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By TristenL on 05/26/2017 3:07 PM

-the association will be paying for the repairs. Per the contractor the floorboards need to be re-secured. The carpeting is 12 years old. The condo itself was built in 85 bit was a condo conversion in 2005. Not sure if they did anything to the floors. In my building I'm on the top and she's on the bottom, only other neighbors are on one side.

If the Association is willing to pay for you to have better floors and new flooring ... I would tell them Make My Day! However, if it will take more than one day you need to provide me with a hotel room while work is completed .

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