Legal Question in Real Estate Law in California

I inherited a condo that my family has owned since it was first established in the 70's they were original owners and they installed ceramic tile flooring. december 2011 the president of assoc. came to my unit to look at my patio when he noticed the flooring and a small opening {window}installed in kitchen I received a letter from prop mgmnt stating I need a permit for improvement{window opening in kitchen} which i OBTAINED and also stated IF the tenant below complains about footfall I would need to change flooring to carpeting.I applied for a kitchen remodel and was rejected because they want the flooring changed to carpet and the tenant below is writing a letter stating she has never in all these years heard any sound or footfall from my unit I have already told prop mgmnt I would change flooring if my neighbor ever has a complaint about footfall I have invested thousands for my kitchen remodel pre construction and I feel they are holding my remodel hostage because of the flooring which has been in place since 1978 can you help

Asked on 2/20/12, 5:01 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

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Welcome to the world of HOA's. You can cave in or fight, your choice. If you fight and they take you to court, feel free to contact me for the legal help you'll need. In the meantime, document everything, especially the downstairs neighbor statements, in detail.

Answered on 2/20/12, 5:12 pm

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George Shers Law Offices of Georges H. Shers

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If you can not go back to the Condo committee based upon getting the tenant letter, then you need to appeal to the full Board and argue that they should have known a long time ago about the remodel, you do not even know if it was not approved and they have no records probably on it, and no one has complained of noise in all that time so you should be allowed to continue with what exists,especially since the below tenant will be greatly distributed by the sounds of tearing out the old tile and replacing it [suggest if needed at most they should impose a fine in 1987 dollars]. A letter from an attorney might help.

Answered on 2/20/12, 5:13 pm

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