Legal Question in Real Estate Law in California

Validity of a CC&R Amendment/Provision

Our Cndo Asssoc. enacted the following amendment to our CC&R's

--amend to include restriction on flooring for second and third

floor units to carpet, unless other flooring is part of original

construction. No tile, marble, hardwood or other solid surface

that would violate the City of Glendale�s impace requirements

are permitted.

One unit has put in a laminate floor onthe 2nd floor despite the above

amendment that was passed by over 75% f our assoc. The unit wner says that

they can not be kept from putting in any flooring as long as the city has not

problem with said new flooring? Is the unit owner right or do we all have to

folllow the C C&R restrctions?

Thanks in advance.


Asked on 4/27/05, 2:41 am

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

Re: Validity of a CC&R Amendment/Provision

You'll have to litigate the matter. The owner should follow the CC&Rs as amended. His violation of them would carry a penalty of a fine, installing sound proofing under the laminate or taking out the laminate flooring altogether. The association will have a problem with the language of the amendement, since you qualified the non-installation of hard flooring with the condition that it comply with the city's impact requirements. If the owners floor does not fall below the city's requirement, he may found by a court to keep it, and the association may lose. Good Luck.

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Answered on 4/27/05, 2:37 pm


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