What is the name of your state (only U.S. law)? California
I live in a condo built around 2yrs ago. It was one of model home. I am a original owner. I have upstairs unit which was also model home. They are the original owner too.
We moved in earlier about 2-3 weeks and they moved in. Since then, we have hard time dealing with noise disturbance from upstairs. I talked to them several times, It has not worked well. I talked to the builder too. They don't care much about this. So I checked CC&R.
It clearly states that ”All floors in any unit situated above another unit shall be covered with carpets and carpet pads or an equivalent form of noise insulation material except the kitchens, bathrooms, entry areas, and such other area as may be approved by the Architectural Committee.
The Committee shall not grant approval unless the installation includes an appropriate level of acoustical separation designed and approved by a licensed engineer competent in acoustics to ensure that the floor will not increase sound transmissions, resonances or reverberation to any other unit’’.
The builder should have known the difference between wood floor vs carpet. The builder did not care of lower unit. They simply installed woodfloor to attract more buyers and to sell it.
I already informed HOA board members. They seems to agree that issue.
If HoA send a letter to the builder to request them to install the carpet to the unit, what reasons or excuse they might bring and defend themselves? I mean they might say 'we had that architectural review committee while building this complex so we abided by CC&R?
Since I do not have much knowledge of construction builder companies, do they usually have Architectural Review Committee when they build condos? This builder is a fairly large company. Personally I doubt it. If they showed they had the committee then, what should I do? Can I still claim that we don't have same quality of quiet environment where the upper unit has carpets as required by CC&R, thus they should remove that hardwood floor?
Can I sue upstairs directly? or it has to be by HOA?
I am thinking, if HOA did not take a strong action, I plan to sue HOA too.
Is the CC&R language I attached above strong enough to sue the builder? I am wondering how much power is in HoA with CC&R?
Thank you for your advice and opinion in advance. I appreciate for your time.
I live in a condo built around 2yrs ago. It was one of model home. I am a original owner. I have upstairs unit which was also model home. They are the original owner too.
We moved in earlier about 2-3 weeks and they moved in. Since then, we have hard time dealing with noise disturbance from upstairs. I talked to them several times, It has not worked well. I talked to the builder too. They don't care much about this. So I checked CC&R.
It clearly states that ”All floors in any unit situated above another unit shall be covered with carpets and carpet pads or an equivalent form of noise insulation material except the kitchens, bathrooms, entry areas, and such other area as may be approved by the Architectural Committee.
The Committee shall not grant approval unless the installation includes an appropriate level of acoustical separation designed and approved by a licensed engineer competent in acoustics to ensure that the floor will not increase sound transmissions, resonances or reverberation to any other unit’’.
The builder should have known the difference between wood floor vs carpet. The builder did not care of lower unit. They simply installed woodfloor to attract more buyers and to sell it.
I already informed HOA board members. They seems to agree that issue.
If HoA send a letter to the builder to request them to install the carpet to the unit, what reasons or excuse they might bring and defend themselves? I mean they might say 'we had that architectural review committee while building this complex so we abided by CC&R?
Since I do not have much knowledge of construction builder companies, do they usually have Architectural Review Committee when they build condos? This builder is a fairly large company. Personally I doubt it. If they showed they had the committee then, what should I do? Can I still claim that we don't have same quality of quiet environment where the upper unit has carpets as required by CC&R, thus they should remove that hardwood floor?
Can I sue upstairs directly? or it has to be by HOA?
I am thinking, if HOA did not take a strong action, I plan to sue HOA too.
Is the CC&R language I attached above strong enough to sue the builder? I am wondering how much power is in HoA with CC&R?
Thank you for your advice and opinion in advance. I appreciate for your time.
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