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Noisy Neighbors

A defense owners can raise if the Board claims the owner has violated the rules is “selective enforcement,” meaning the Board arbitrarily picks on some violators and not others. In addition, owners oftentimes like to rely on approval given by one board member, taking that as “Board approval” of the owner’s actions.  The case below tackles both of these issues, in the context of a dispute over an owner’s installation of hard-surface flooring.

Facts.  In a 2017 case, an owner who lived in an upper-level condominium unit replaced her carpeting with laminated flooring.  The problem is, the Association’s Declaration prohibited the installation of any flooring other than carpet, without prior Board approval. The owner had not received approval from the Board prior to installation of the flooring, but she did allegedly have an email exchange with the Board president wherein he said it would be ok. …
Continue Reading Hard-Surface Flooring in Upper Units—A Lesson in Selective Enforcement and Officer’s Authority

Child Jumping

Noise coming from adjacent units is a common problem. It can be caused by many things, including music, instruments, appliances, running, jumping, or a myriad of other causes.  Our advice has almost always been that if you have a rule, you need to enforce it uniformly against all.  However, with noise, it is often difficult to determine what is too loud and what is simply an over-sensitive neighbor.  To combat some of the noise issues, many associations require second floor and above units to have carpeted floors.  For those who want hardwood or tile, it is sometimes permitted provided the plans are pre-approved by the board.  These plans then often require soundproofing to be placed between the two floors.
Continue Reading Is Your Upstairs Neighbor Noisy? – Floor Covering Restrictions