hardwood floors not approved and installed anyway

You do not need to disclose this information. The HOA having the lien put on is in a way enforcing the by-laws. The lien information will show up on the HUD form. Which if one is getting a FHA loan or some other type loan that requires that form, it will be on it. The HUD form is basically working as a HOA health assessment. A HOA with high rental, lawsuits, or collection issues may mean higher re-fi rates or available loan programs.

You could tell buyers your whole story but will it give you a clear conscious? Probably not. Is it necessary? No. Unless you plan on telling every violation of every HOA member....

The lien will show up on the HUD form when the unit upstairs causing the problem sells. It won't show up on the HUD form when the unit owner downstairs suffering the noise problem sells.

Here, huh rise condos, I promise the Board never would've "given up" as the bothered resident(s) wouldn't have. The problem isn't the lack of carpeting/their handicap it's improper underlayment, which see rigidly enforce.

But as an Owner, you, too, Marilyn, can enforce your governing documents. You'd have to spend some money.

I'd ask an attorney if you much disclose this problem to your realtor & prospective buyers. I'd think that you would. In CA, anyway, I believe sellers must disclose violations (lack of ARC approval for the floors) to buyers and this must happen 10 days before the close of escrow. Richard of CA will know. I don't know about NY (or Alabama).

Marilyn

If they are on walkers maybe they will not be around that long. As they say: Condos are for the newly wed and the nearly dead..........

I wonder if the reason the condo gave up had something to do with disability law. My take, based on a fair amount of reading: There are two sets of competing rights here: The right of the disabled to enjoy the use of their home, and the right of the downstairs neighbor to enjoy the use of their home. HOAs have to offer reasonable accommodation. For one thing, this means the accommodation cannot be so expensive that it meaningfully burdens the HOA. I do not have any case law to quote. But I would say a court would rule in favor of the rights of the people in the lower level unit, assuming it can be shown that the noise is significant.

What happens when the upper level residents can only use wheelchairs? Must the HOA now install an elevator (if there is not already one)? No. That's way expensive. I think instead the upper level folks would be obliged to move.

I think you should disclose in summary form the situation. The disclosure should state the facts as simply as possible. I would indeed count on this disclosure being a deterrent to buyers. Meanwhile, google on "letter of demand" and send one to the upper level unit owners.

I hope the condo is fining the owners of this unit up the wazoo. Maybe when it comes time to sell, the fines will be large enough to pay for ripping out the floor and putting carpet back in.

Sure I feel sorry for the elderly. But not when they are infringing on the enjoyment of my own home.

Hi Kerry, as I think many here are aware, hard surface floors on upper level units being a nuisance to the downstairs resident is pretty well-known in the courts and nationwide. Much discussion appears on the net on the subject of underlayments that can greatly diminish the noise from a hard surface floor. Unfortunately, the discussion is not dispositive. Sometimes underlayments work. Sometimes not.

You are asking a question which you should ask your Realtor. That would be the individual who will tell you what you need to properly disclose when you list your unit for sale.