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uneven floors

Started by AnitaR3 • 20 replies • 983 views

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AnitaR3 (Georgia)
Posts: 8
Posted:
I live in a 2nd story condo, just moved in, and I notice that my floors are uneven. Is this a major concern and how do I find out. If it is, will I have to pay to get the situation rectified or is it the responsibility of the HOA?

CathyA3 (Ohio)
Posts: 6,299
Posted:
Read your governing documents. The main one - often referred to as the Declaration or the Covenants, Conditions & Restrictions - should define what parts of your home are part of the Unit and what parts are Common Elements. Homeowners are responsible for everything in their Unit, while the association takes care of Common Elements.

These definitions can change depending on the structure of your particular condo building.

Uneven floors can result from structural issues (probably but not always the association's responsibility) and from issues inside the individual unit (cheap or poorly installed flooring).

Buildings can also settle over time, so it's not unusual for second floors to not be perfectly level.

Other than that, you'll need someone who knows what they're doing to have a look at it. I'd assume it's your problem to start with, eliminate the flooring and other Unit issues from the mix, and then see what you have.
AnitaR3 (Georgia)
Posts: 8
Posted:
Thank you for your response. I still have 7 days to finalize sale. I am not moved all the way in. I am waiting on those papers from the previous owners. I am trying to gauge should I walk away or stay. If I walk away, I will lose around 2000, but I don't want to get into something that is going to cause much more than that. I will already have to get a new HVAC system in about 6 - 12 months.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By AnitaR3 on 04/11/2021 5:36 AM
Thank you for your response. I still have 7 days to finalize sale. I am not moved all the way in. I am waiting on those papers from the previous owners. I am trying to gauge should I walk away or stay. If I walk away, I will lose around 2000, but I don't want to get into something that is going to cause much more than that. I will already have to get a new HVAC system in about 6 - 12 months.

If you still have 7 days left I would suggest you look into getting a home inspector out there.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnT38 on 04/11/2021 5:43 AM
Posted By AnitaR3 on 04/11/2021 5:36 AM
Thank you for your response. I still have 7 days to finalize sale. I am not moved all the way in. I am waiting on those papers from the previous owners. I am trying to gauge should I walk away or stay. If I walk away, I will lose around 2000, but I don't want to get into something that is going to cause much more than that. I will already have to get a new HVAC system in about 6 - 12 months.


If you still have 7 days left I would suggest you look into getting a home inspector out there.

YES to the home inspector, and they usually work on pretty short notice because contracts and such are time-sensitive. I would never buy real estate without a good inspection first.

Make sure you get a qualified one, though - anybody can hang out a shingle and call themselves an "inspector". The guys I've used (who saved me from making a couple mistakes) have certifications and whatnot. Also check reviews on Google or Angie's List or the like.

Also FYI: things like Declarations are generally recorded in your county. If your county's Recorder has a web site, you may be able to download copies of the documents that you want to read without having to wait for the current owner to provide them. (I've been able to weed out communities I don't want to buy in ahead of time by reading recorded Declarations.)

AnitaR3 (Georgia)
Posts: 8
Posted:
I did. In his report, he wrote up the following: " There are areas in the home where the floors are not level, which is common in older homes. However, the floors and supports should be further evaluated by a licensed contractor"
TimB4 (Tennessee)
Posts: 21,047
Posted:
Unfortunately, to further evaluate, you will need to remove some of the floor.

No home inspector will do this unless you own the home.

If it is a concern - look elsewhere.
DouglasK1 (Florida)
Posts: 2,045
Posted:
Even if the problem is technically the Association responsibility, that doesn't mean you won't have problems getting the association to do anything about it. They are very possibly not going to be took keen to fix the problem, and you'll have a battle on your hands.
Escaped former treasurer and director of a self managed association.
MichaelS56 (Minnesota)
Posts: 857
Posted:
Do not purchase this place. Since the floor issue was not told you before, my concern would be what else is a problem that you have not been told about or read on the disclosure certificate.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Given that you're also looking at HVAC replacement within the year, I'd also be thinking hard about walking away. Older homes in general have higher maintenance costs, and condos tend to attract first time and short-term owners (ie. people who can neglect maintenance for a variety of reasons).
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By MichaelS56 on 04/11/2021 7:08 AM
Do not purchase this place. Since the floor issue was not told you before, my concern would be what else is a problem that you have not been told about or read on the disclosure certificate.
But she did have a home inspection. The OP may have already initialed approval of the home inspection (after previously identified deficiencies were corrected or negotiations for same took place). The OP also knew about the HVAC's age et cetera.

I think that this is probably quite a lesson for the OP. Not a hard lesson. Just a lesson. Should she walk away? I would want more information first. The inspector said to consult a contractor. To help her decision-making, I think she should do so pronto.

If the OP did not factor in the cost of fixing the unlevel floors (if they are fixable) in her negotiations, then since the home inspection revealed this deficiency, this is the OP's mistake. By my reckoning, the OP can now either walk away and possibly (though not definitely) lose her deposit. Or she can proceed with closing on the home. I say "possibly" for a few reasons. Perhaps the sellers will adjust the price, because they want to sell the home.

If I though the uneven floors affected the home value by a lot, I would either walk away or ask for a price adjustment. I would be ready to forfeit the deposit of $2000.
LetA (Nevada)
Posts: 2,679
Posted:
Before you finalize the sale, have your RE agent put in the sales contract that that seller or the HOA MUST repair at their cost to fix the floor.
JeffT2 (Iowa)
Posts: 875
Posted:
Your contract to buy this real estate should have a standard clause that the sale is contingent upon a favorable report from a building inspector. You have a lawyer who reviewed the contract? You should be able to arrange things to walk away without forfeiting your $2,000.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Anita

What type construction is this? One of several units in an old converted building or newer construction? Please describe.
AnitaR3 (Georgia)
Posts: 8
Posted:
It is a condo that was built in 1986. The construction is wood and something else. I do not know. I am concerned because I am not planning on flipping it, I am planning to stay their for my retirement
AnitaR3 (Georgia)
Posts: 8
Posted:
It is a condo that was built in 1986. The construction is wood and something else. I do not know. I am concerned because I am not planning on flipping it, I am planning to stay their for my retirement
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would also ask your downstairs neighbor about any noise issues with the floors. We have had lots of posters here complaining about upstairs/downstairs neighbors flooring. May want to find out if there was any "war" going on prior for them to want to sell. You don't want to walk into that nightmare...
Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Anita

Are there units above and/or below yours?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LetA on 04/11/2021 8:02 AM
Before you finalize the sale, have your RE agent put in the sales contract that that seller or the HOA MUST repair at their cost to fix the floor.

How is the HOA part or party of any sales contract? All the HOA can do is say there are or there are not any outstanding fines, or violations, or past dues (ala an Estoppel Letter).
AnitaR3 (Georgia)
Posts: 8
Posted:
You are correct, the HOA will not do a statement like that.
AnitaR3 (Georgia)
Posts: 8
Posted:
You are correct, the HOA will not do a statement like that.

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