GavinT (California)
Posts: 7
Posts: 7
Posted:
I have done a lot of research and found this forum to have the best understanding of these issues, so I wanted to outline what I am dealing with to get some advice before taking this to an attorney.
We have lived in our Condo for seven years now, and last year a new family moved in next door and immediately removed the carpet flooring through the house and replaced it with hardwood flooring.
We expressed our concerns, and our fears came true. The sound of these hardwood floorings is causing a disturbance to be daily living in our house. We tried with a letter to the neighbors and then followed up with an in-person conversation that didn't go well.
I contacted the HOA to let them know of the issue and requested them to outline the rules and regulations as they see them in the CC&R.
This was the response:
"Gavin,
Thanks for the email. Per section 2.16 of the CC&Rs (below), an owner cannot install hardwood floors on the second floor. PMG will send a violation notice to the owner. The owner will have 30 days replace their hardwood flooring. If not, the owner will be called to Hearing with the Board and will be fined on a monthly basis until the hardwood flooring is replaced.
2.16. HARD SURFACE FLOORING. No Person may install hard surface
flooring on the second floor of any Residence in the Neighborhood, except Owners may replace
hard surface flooring installed by Neighborhood' Builder, provided the Owner replaces the
material with carpet or with materials that are the same or substantially similar to the original
materials installed by Neighborhood Builder (including underlayment as applicable). The
Neighborhood Corporation may require the Owner of a Unit in which hard surface flooring has
been installed in violation of this Section to remove such flooring."
After this, I followed up with them after not get back to me. They informed me that the homeowner had responded and was given a chance to submit an architectural review since they installed hard flooring without approval.
One month later, this is the response I got after I had to follow up once again.
"Hi Gavin,
Sorry I was not able to get back to you last week. Your neighbor filled out an architectural application to keep the flooring once the violation was received. The Board of Directors reviewed her flooring parameters and determined that the subflooring underlayment and sound rating is hire then the sound rating for carpeting so they approved her flooring. The matter has been closed with the association and they will be taking no further action regarding this matter."
I emailed them back once again about this not being acceptable and was given a follow up email that contains the follwing
'Gavin,
Thanks for the email. I understand your frustration. Erica basically outlined the Board’s decision as the hard flooring surface installed with an underlayment with a STC 61 & IIC 65 rating which is equal to carpeting. Below is a description of the ratings.
The Board approved the hard flooring surface due to the IIC rating is equal to carpeting.'
This is how I see it.
Per the CC&R, you can't install hardwood flooring.
You can install hard flooring to replace original builder materials that match the same product. ( They replaced carpet with hardwood)
Nowhere in my CC&R does it say you can install hardwood flooring if it meets the noise requirements outlined above.
Am I missing something here, or is this board approving something they shouldn't? I shouldn't have to live with this noise day and night.
We have lived in our Condo for seven years now, and last year a new family moved in next door and immediately removed the carpet flooring through the house and replaced it with hardwood flooring.
We expressed our concerns, and our fears came true. The sound of these hardwood floorings is causing a disturbance to be daily living in our house. We tried with a letter to the neighbors and then followed up with an in-person conversation that didn't go well.
I contacted the HOA to let them know of the issue and requested them to outline the rules and regulations as they see them in the CC&R.
This was the response:
"Gavin,
Thanks for the email. Per section 2.16 of the CC&Rs (below), an owner cannot install hardwood floors on the second floor. PMG will send a violation notice to the owner. The owner will have 30 days replace their hardwood flooring. If not, the owner will be called to Hearing with the Board and will be fined on a monthly basis until the hardwood flooring is replaced.
2.16. HARD SURFACE FLOORING. No Person may install hard surface
flooring on the second floor of any Residence in the Neighborhood, except Owners may replace
hard surface flooring installed by Neighborhood' Builder, provided the Owner replaces the
material with carpet or with materials that are the same or substantially similar to the original
materials installed by Neighborhood Builder (including underlayment as applicable). The
Neighborhood Corporation may require the Owner of a Unit in which hard surface flooring has
been installed in violation of this Section to remove such flooring."
After this, I followed up with them after not get back to me. They informed me that the homeowner had responded and was given a chance to submit an architectural review since they installed hard flooring without approval.
One month later, this is the response I got after I had to follow up once again.
"Hi Gavin,
Sorry I was not able to get back to you last week. Your neighbor filled out an architectural application to keep the flooring once the violation was received. The Board of Directors reviewed her flooring parameters and determined that the subflooring underlayment and sound rating is hire then the sound rating for carpeting so they approved her flooring. The matter has been closed with the association and they will be taking no further action regarding this matter."
I emailed them back once again about this not being acceptable and was given a follow up email that contains the follwing
'Gavin,
Thanks for the email. I understand your frustration. Erica basically outlined the Board’s decision as the hard flooring surface installed with an underlayment with a STC 61 & IIC 65 rating which is equal to carpeting. Below is a description of the ratings.
The Board approved the hard flooring surface due to the IIC rating is equal to carpeting.'
This is how I see it.
Per the CC&R, you can't install hardwood flooring.
You can install hard flooring to replace original builder materials that match the same product. ( They replaced carpet with hardwood)
Nowhere in my CC&R does it say you can install hardwood flooring if it meets the noise requirements outlined above.
Am I missing something here, or is this board approving something they shouldn't? I shouldn't have to live with this noise day and night.