Legal Question in Real Estate Law in California
I recently installed new flooring in my condo without realizing I needed to ask the HOA for pre-approval first. The HOA asked me to prove that the flooring I installed has adequate sound insulation to the unit below. I provided them a spec sheet from the manufacturer that shows IIC/STC numbers that clear their minimums by a good margin. However, they came back and said those numbers aren't sufficient because it's presumed they were done for 6" concrete and the HOA says my floors are 3". Separately, the neigbhors downstairs say they have noticed no change in noise since I put in the new flooring, and I had them attest to that in written form. In a couple days, I'm supposed to have a hearing with the board on this matter. What are my legal options here? If they decide to try to compel me to change the flooring via fines or a lien, what are the chances I could successfully fend this off in court?
1 Answer from Attorneys
It would depend on the exact terms of your CC&Rs; and Bylaws as far as board powers and duties as to granting variances. If you can get something from the manufacturer or distributer/installer that says they are within limits for 3" floors, you'll have a stronger position.
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