Hard Surface Flooring/Denial of Records

The HOA Board is attempting to correct the current CC&Rs, which were deemed to be non-compliant to Civil Code. They are refencing a study done in 2018. They will not share the details of this "study". The CC&Rs are conflicting and apparently the Board doesn't read what it sends out. There is a mandatory architectural review process, but the Board does not follow it - in fact they don't know what it requires. Many products have become available since their 2018 study.

I think that Kerry has talked about acoustic standards for hard surface flooring in high rises a number of times.

I'll note that having to deal with this issue is a pain for boards. How do they find out there's an issue if a homeowner doesn't seek approval and/or the person below doesn't complain? Or standards changed, and a previously compliant floor no longer is. It's likely that a number of unapproved floors are installed in high rises, and it doesn't necessarily mean that the board isn't doing their job.

Wasn't this posted recently Dawn? I feel like I responded, but cannot find it after, admittedly, a quick look. Along with Shlelia's good points & questions, some of which I'll repeat:

If your CC&Rs say no hard surface flooring then you may not install it...no matter what. If your CC&Rs are amended so that you're permitted to install hard surface flooring, there will be strict ARC guidelines, as well there should be assuming you're in a multi-story bldg.

To Cathy's point. We have a gated entry for vehicles and cameras at the entrances and elevators to our towers' lobbies. There is no way a Unit could install flooring without security or management knowing. Or, neighbors who hear the demo, prep, etc. The original ca. 2000 flooring in Units was carpeting except for hardwood in the LR/dining area. At that time, some 1st owners paid extra to have the entire unit covered with hardwood. Our ca. 2000 Architectural Guidelines have quite a section on hard surface flooring and what is required for various kinds. There are forms for the owner & contractors to complete. When we revised our ARC guidelines last year, virtually no changes needed to made to that section.

Since then, most Units have sold once or twice. New owners for the past dozen years almost always tear up the carpeting and install hardwood. For the past 5 years or so, new or continuing Owners tear up the partial (as my spouse & I did) or complete hardwood flooring and install various kinds of marble or stone or Luxe vinyl wide plank flooring (In high rises, waterproof is REALLY important.)

So, Dawn, most old CC&Rs conflict with parts of Civil Code, e.g., the Davis-Stirling Open Meeting Act. The Board should follow the current statutes. BUT the newer statutes have nothing to do with floors. Why doe this alleged conflict matter to you re: flooring?

So, how do your current ARC Guidelines conflict with what the Board tells you?

I honestly can't say if the "2018 study" is an "official record of the association" and therefore they should give you a copy. It may, for instance be part of a bid or proposal which the board would't be required to share with Owners. I agree that it's really nasty IF there are "citing" this study and not showing it to owners. Have you tried requesting it by certified mail return receipt requested? What does the Board claim that the study states that concerns you? Are they relying on this study to amend the CC&Rs??

Ah, yes. What, then is your problem with hard surface flooring? Is it that some in a contiguous home is bothering you? Is it that you want to install some and the Board says you cannot? What does your ARC Review Process say that the president doesn't understand?

What do the current or upcoming revised CC&Rs have anything to do with hard surface flooring? IF your home isn't attached to or above or below any other homes, why is the Board involved??