Hard Flooring in Condo

I live in a condo in Orange County, California for 10 years. Our above neighbor used to live alone, but now has a new girlfriend who has moved in with him. They are now very loud when they walk on their hardwood flooring. In addition, after several days of noise resembling floor resurfacing, there is now a loud squeaky noise added to the sound of their feet. Needless to say, I have not been asking him about the loud sounds yet.

He used to be a quiet individual before his girlfriend, but now the noise from the upstairs is very loud. His attitude seems to be more hostile especially after he began smoking (which is another issue relating to the dangers of second-hand smoke). He is now a very loud individual and the flooring noise is a 24-hour nuisance when they don't seem to be sleeping anytime.

Late last night, trying to fall asleep with them walking, I remembered his visit about 5 years ago. Back then we had a good neighboring relationship. He told us about his plan to put in a high-quality and expensive laminated flooring. I had to think hard, but I am now certain he asked me to sign a paper regarding the installation of the flooring, telling my wife and me that his installer required our approval. I didn't think much of it back then, but now (as a cold sweat is running on my forehead) recall how foolish I was to trust him and to sign a form instead of simply saying NO.

I know our HOA does not allow the installation of any hard-floorings and I intend to complain about it with an email. I like to know if I have any chance of success after my signing the form from the installer, and how I should address the HOA about my problem.

Mike,

The more willing you are to spend money to obtain a satisfactory outcome - the greater likelihood of a satisfactory outcome.

The Board, the upstairs neighbor, and their attorney (this is why the money is important) need to understand this.

Sure - go through the process first, but be ready.

Unless your bylaws or CCRs require the installer to get permission from you, that piece of paper is useless.

Mike, Please give us the exact wording of your HOA's flooring installation requirements. Do they say some sort of HOA permission is required? What are the steps owners need to take to get approval to install hard surface flooring? Is there a way you can prove your neighbor installed new flooring without HOA approval? Witnesses seeing workers enter his unit? Or?

Do you r documents say if there's a penalty for doing work that requires permission?

Hi Mike,

Even though you may have signed a form, the HOA still has the authority to approve and disapprove specific types of flooring.

The form may hold little or no validity. Move ahead with submitting a complaint to the board.

SueW6,

Thank you for clearing this out for me.

KerryL1,

Thank you for your reply.

According to our CC&Rs:

Section 2.15 HARD SURFACE FLOORING. Owners are prohibited from installing hard surface flooring on any floor in a Unit in the Properties that is constructed over another Residence, except in the floor areas depicted on Exhibit E attached hereto. The Association may require the Owners of a Unit in which hard surface flooring has been installed in violation of this Section to remove such flooring, at the Owner's sole expense, within thirty (30) days of notification to the Owner of the violation.

Given the nuisance that upper level hard surface floors frequently are, and the litigation that often results, I think this is one of the better CC&Rs I have seen on the subject.

HOAs ought to inform upper floor condo buyers of this with much more emphasis, in my opinion. It is so common for someone to buy an upper level condo and, oblivious to the covenants on flooring, immediately rip out the carpet and install a hard surface floor to show off to all.