Legal Question in Landlord & Tenant Law in California

Upstairs neighbors installed hardwood floors and HOA bylaws forbid such action

My neighbors installed hardwood floors that are a violation of my Home Owners Association bylaws. The floors do not provide any type of sound proofing. After I submitted three complaint letters my HOA said there was nothing left to do. Can I take my upstairs neighbors to small claims court to make them install carpet or other type of soundproofing material?


Asked on 3/25/05, 7:25 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Upstairs neighbors installed hardwood floors and HOA bylaws forbid such acti

You have to go through the HOA. The CC&Rs should guide you. You will have to sue the HOA and the neighbors with the noisey floor, and you may have to try to arbitrate the matter before suing in court. You should make a copy of the CC&Rs and the By-Law and take them to an attorney for review and advice. Call me (310) 806-9237 and we'll discuss it.

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Answered on 3/25/05, 10:44 am


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