SarahG
(Washington)
Posts:8
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| 08/21/2010 4:29 PM |
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I recently purchased a condo that went through a major reno about 2.5 years ago. The owner of the unit above me installed hardwood flooring without a subfloor. I am not sure if this is even legal and I would like to know what my rights are. It was recently rented to a couple and the male walks very heavily on his heels at all hours of the night. I feel like I live in a 300k basement. I have tried to adjust to the noise but it sounds like they are going to come through the ceiling... It shakes all the walls and the 1st level floor of my unit. I have yet to file any noise complaints. Our CCRs are from 1984 and the HOA is not very active. I have requested a annual meeting which is supposed to happen in September. Our CCRs do not even address the recent reno. Can the owner above be required to install a subfloor or even get new renters?
Thanks for the help, Sarah |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/21/2010 4:52 PM |
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| Search this forum for "hardwood" you will find this comes up all the time. Its a big problem for the person underneath. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/21/2010 5:12 PM |
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Sarah,
That certainly would be a stretch of enforcement-to get new renters? Seriously, how about a couple of big area rugs.
If you do not have an active Board then you are probably SOL unless you become active and create some rules and regs saying that all upper floors must have sub flooring, carpeting or soft surfaces and that would be only if your governing documents do not already have ssome sort of a noise abatement wording. |
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SarahG
(Washington)
Posts:8
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| 08/21/2010 5:27 PM |
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Thanks for the replies. I do not think it a strech if the issue is not resolved. I don't believe I am being unreasonable when my condo shakes much like a 6.0 earthquake untill midnight or 1am during the week.
The HOA mentioned they may be able to provide area rugs and quiet hours and hardwood floor installation/sub floors concerns are on the table for our upcoming meeting.
I have already volunteered to update the CCRs since I have a regulatory background. However, I am new to Washington from California and I am looking for others who have possibly resolved similar cases in the area. I thought hardwood flooring might fall under the IFC and IBC 2006 codes. Thanks again. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/21/2010 6:26 PM |
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Sarah,
Renter's Rights Laws might be something to consider before you go after renters with heavy feet. Most States have protection laws and reasons for evictions. And walking heavy probably is not one of tose reasons. Work with the Board to solve this problem-----peacefully, with the owner of the unit. |
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SarahG
(Washington)
Posts:8
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| 08/21/2010 6:53 PM |
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Actually, we have quiet hours which end at 10pm so they technically are in violation of these bylaws. I have not filed any complaints to date because I think the issue is due to the lack of a subfloor.
I am trying to find out what retroactive measures I have for my situation. I think our CCRs will change and a sub-floor will be required moving forward.
Our complex is pushing for renter by-laws due to recent issues. I thought this may be illegal but was shocked that it is not in WA. We recently have banned pets for renters and there are more rules to come.
I would prefer the owner to modify the unit but I am not sure that I have ground to stand on. I know him and I think he would request me to keep a noise log and not renew the lease rather than pay to fix the issue.
I think I am going to have to research our city building codes. Although, I have heard other HOAs have required the flooring removed. I am also concenred what will happen if he sales the unit. I am sure new owners would not be required to fix the floor. |
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GlenL
(Ohio)
Posts:3526
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| 08/21/2010 8:33 PM |
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| You could also try contacting the local Building Inspection Department to see if there are any ordinances concerning hardwood floors. |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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SarahG
(Washington)
Posts:8
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| 08/22/2010 3:09 AM |
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I actually found some applicable language in the CCRs
Section: 11.5.2 An owner may not install wood or hard surface floors except where floors now exist (incorporated 1984).
At the time of incorporation surfaces approved consisted of the entry way, kitchen fireplace surround and the two bathrooms.
Proposed Response:
Improvements were made to your unit and appear to be in violation of the above-referenced CCRs. In addition, the flooring was installed without an appropriate subfloor and the carpet and pads were removed which provided a sound barrier between unit #5 and #8. Excessive noise transference from the hardwoods in your unit are also in violation of
11.10 Offensive Activity
No noxious or offensive activity shall be carried out on or in any apartment or common area,nor shall anything be done therein which may become or becomes an annoyance or nuisance to others.
I would like to resolve this issue as soon as possible. I have the following recommendations: 1) Modify installed hardwood floors to include a subfloor and spray foam insulation as recommended by a building inspector hired by Bay Vista HOA.
2) Install carpet padding and carpet to restore the original improvements (e.g. living room, dining room, and hallway). Carpets can be installed over the installed hardwood floors. |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/22/2010 3:25 AM |
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You could also try contacting the local Building Inspection Department to see if there are any ordinances concerning hardwood floors.
I tried calling the building inspector/code enforcement for something HOA related once. They told me as long as it met city codes, its ok with them. They dont get involved with CCR's. Any problem I had, I'd need to take it up with the association or civil court. |
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GlenL
(Ohio)
Posts:3526
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| 08/22/2010 8:37 AM |
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| Steve that's why I used the word ordinances instead of covenants, I meant a general requirement applicable to everyone in the cities jurisdiction. |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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