Nuisance complaint about hard surface flooring in 2nd floor condo unit

Started by AmandaD2 • 4 replies • 3655 views

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AmandaD2 (California)
Posts: 2

Posted:

We have a 2nd floor condo who removed carpet and padding to install hard surface flooring (without the proper sound proof material). The new floors were installed in 2nd floor unit in 2004. The first floor unit was sold to a new buyer in 2005. The new owner immediately complained about a nuisance from the hard surface floors and wants them removed because of the nuisance. Our buildings are 25 years old with 5/8" plywood and 3/4" cellular fill sub floor. There have been no specific floor restrictions or guidelines adopted. We are trying to address this issue now to come up with a solution for everyone involved and to protect all members of our association. In the past, unit owners were not required to submit their plans for remodel, alterations or modifications within the interior of their units.

Our governing documents state the following:
Repair and Maintenance by Unit Owner:
“Each Unit Owner shall maintain, repair, replace, paint, paper, plaster, tile, finish and restore or cause to be so maintained, repaired and restored, at his sole cost and expense, the living and garage elements of his Unit, including the Interior surfaces of the walls, ceilings, windows, floors, doors and permanent fixtures, in a clean, sanitary and attractive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Property, subject to control and approval of the Architectural Committee.”

We are now concerned about flooring changes. Has anyone been involved with issues of this nature? How did you resolve this in your community?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Amanda,
From your other post. you must be concerned about this upper floor noise due to the removal of carpeting. Many condo documents have a specific amount of "noise abatement" flooring required for upper floors where there is a unit below. Do check your Documents to see if you do have those restrictions. I have a set of Documents that require 75% of the flooring material to be carpeted or other soft, noise abatement flooring material. Now days, they do have insullating materials which they install under hard surfaces to quiet the noise.
This guy with the new flooring in 2004, cannot be made to do something other than perhaps area rugs but you cannot force him to remove the flooring at this late date. You might have to get a "RULES AND REGS" written to require sound proofing the upper floors when carpet is removed. Rules and Regs are a Board action so it will not need an amendment change from the membership.
Changing the floors would not be considered a modification as this is strictly an interior decorating item.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I would bet that this is going to be a continuing and growing issue (with the popularity of wooden floors, now). Time to investigate updating sound insulation methods that are new on the market. The foam is getting good results in noise reduction. (Now, just who will pay for this is another issue)

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Amanda,

You said: "subject to control and approval of the Architectural Committee"

My first question is, was this ever done? The involvement of the board may depend on the answer to this question. If it was NOT done, then the board may be able to require the 2nd floor unit owner to follow appropriate procedures and obtain AC approval. My concern here is that there may be nothing in your documents describing or requiring specific sound proofing requirements for hardwood flooring. It may have never been thought about before.

If AC approval was obtained, the board is technically out of the loop unless you can prove some other covenant is being violated.

It may be that the best thing to do is for the board to mediate a solution that is acceptable to both parties.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

AmandaD2: I am taking from your post you are a condo association with condo units on multiple levels. With the onset of new materials, unfortunately the official documents have not and do not keep up to date with the trends and reflect material changes in their wording.

This really has to do more with condo requirements meeting certain codes and standards specified by the local municipality, county or state. As one poster stated, there may be an official requirement (which would supersede your docs) of having a percentage of the floor covered to minimize noise to occupants below.

You might check with the county and state on this. Once you learn of their
condo restrictions, you might want to propose an amendment to your assn. documents to confirm.

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