HOA rules Nightmare?

Question

My unit is on the first floor above garage spaces. The previous owner installed wood laminate floors in the condo. The HOA president lives right above me. She complains (about old owner) that she couldn't sleep because of the noise the floors caused. She points to the HOA rules stating, "Hardwood or tile floors cannot be installed unless units are on ground level. In all other units the flooring type must have Board approval." The expense is too great to have the place carpeted. My floors are not tile or hard wood, would this fly? Is my place not a "Ground Unit" because it is above my parking spaces? She made reference to "has to be on slab." But the rules do not mention slab! What should I do?

Answer 1

That is what the law is for.  Her interpretation of ground floor, and your interpretation are not the same.  If she is pressing the issue I would take it up with the board.  It is unlikely they would welcome a legal fight to determine what ground floor means.  By the way it would be prudent to get,and read the association rules before you take action.  Verify that there are no references the word ground floor - being on grade, or on slab.

From that point on I would communicate everything in writing.  Your fellow member will not want to pay for legal expenses because she does not like something.  You may want to bring this up at the next board meeting => the cost.

Answer 2

It seems to me that the previous owner screwed up.  You should not be held responsible, because you did not install the floors.  Point this out to the President.  See if you can negotiate a compromise, so that you do not have to pay any money out of your pocket.  The Board might agreed to have your floors replaced at no cost to you.

Answer 3

If she lives above you, how would your floors be a problem for her.   Sounds like she's the "one" every neighborhood has to deal with.  Do the cars coming and going also disturb her sleep?

Get your copy of the rules and read thru them very carefully.   Common sense would indicate that the flooring rule would be to control the noise overhead.  Since you are over your own parking spaces, I'd consider that acceptable.

Answer 4

Those floors, which I hate, squeak.

But, that said....they are not wood and they are not tile.

I have no idea why they have a rule against decent flooring, but you do not fall under the disallowed category.

Answer 5

Your place is not a ground unit because it does not sit on the ground on top of the cement slab floor.

The previous owner was amiss in installing wood floors, but this HOA President should have taken this up with the previous owner. You as the new owner should not be responsible for floors already in the unit at time of purchase.

However, as the current owner you need to be in compliance with the rules as stated in writing.

Call your local housing office for help in finding a tenant advocate who can help act as mediator when you go to these meetings with your HOA President. Refuse to speak with this president alone! It says "Board Approval", one president is NOT the whole board! Take your advocate along with you to the next BOARD MEETING and discuss this with the whole board. Tell THEM exactly what I said, her issue is with the previous owner for installing the floors without permission, NOT YOU. Let them know you would be willing to comply with the rules so long as the board helps provide funds or information regarding reasonable carpet suppliers, but that as the personw ho did NOT install such floors, you should not be punished for the sins of another. Make sure you take a legal advocate along to help support your side.

Good luck.