What should I do -- sue? Please help!

[Paylee]

California.

We have been living in our condo for about 2 yrs. now and we are growing increasingly frustrated with our upstairs neighbors and the amount of noise caused by their hardwood floors. They say their trying but it's just crazy loud (e.g. you can here them open and close their dresser drawers!) plus we think they have a dog now too.

A little history...we purchased our condo from the builder and at the time we were never informed that the upstairs neighbors had installed hardwood floors (would have never purchased), which we now know why, because the neighbors installed the flooring without permission from the HOA. We found that out when we contacted the HOA to complain and they said that the neighbors did not get permission to do it. So rather than enforcing their own ccr's, which states that it is not allowed, they contacted the neighbors and had them submit documentation outlining what they actually installed and then took their word for it and approved it, after the fact and despite our complaints. The HOA tried to make us feel better telling us that their going to put a bunch of rugs down, oh thanks.

So now we're not sure what to do because we think that this whole thing will hurt us in the end because it will be harder to sell our condo (we'll have to disclose that they have hardwood), hurting our unit's value, which has already been hurt by the market despite our buying at the bottom.

I'm thinking that we have some kind of recourse here or have we waited too long?? Any advice?

 

[sally1]

A lawyer can advise you on the HOA issue,but they are expensive.

Does the law really require you to disclose the flooring of the neighbor? I have never heard of that. I would put the condo on the market immediately and sell at a loss just to get out from under that noise.

 

[FarmerJ]

Actually rather than sell , escpecially if you had planned on staying a while , contact some local insulation firms and at least learn what it would cost to have insulation blown into your ceiling cavities from your side, Why well besides reducing sound transmissions from the unit above you if your paying your own heating expenses it should reduce your heating cost also giving your unit a positive sell point that indeed could be a advantage for you when people are being shown your unit , it would let you present before and after util bill records to prospects. I would say all you should have to do is follow your condos rules for this kind of work , yes the whole thing sounds like a pain. But it may be the least hassle means of doing the job compared to suing the board for not following the rules. Additional if the board goes for it then decide if you want to be active in the board and get it written into the rules that when ever a unit replaces floor coverings they have to take steps to sound proof between them and any unit under them as well as should a unit become damaged where common wall surfaces must be replaced that additional steps be taken to sound proof ( your own city may have ords that define sound proofing standards)

 

[Paylee]

Thanks for your input and I will look into soundproofing options. Just this morning I attempted to talk to the neighbor because they have been very loud the past couple days but he just laughed and said "file a complaint". So, I have emailed the HOA to file a formal complaint and will do so from now on since it doesn't do any good to talk to him. I also have a friend from my MBA program that is an HOA general manager that has volunteered to review our CC&R's and R&R to advise me of the best recourse.

Thanks!