We have been notified by the HOA of our condo complex to replace our hardwood flooring because of the complaints of noise from the owners right below us. When we bought our condo almost 5 years ago, the hardwood floor was the selling point. Now, the HOA does not allow hardwood flooring for the 2nd and 3rd floors. However, it was already there when we bought it. My question is this: can the HOA force us to replace our flooring?



Appreciate any thoughts regarding this matter.



Thanks,

Jackie Powers

Every HOA has their own by-laws and you will need to read them cover to cover. You could also ask the management to show you in the by-laws where they have the authority to dictate flooring, I do not think they do. However, if the folks below you feel you are a nusiance they may have a case.

"The covenants, conditions and restrictions (CC&Rs) are the governing documents that dictate how the homeowners association operates and what rules the owners -- and their tenants and guests -- must obey. These legal documents might also be called the bylaws, the master deed, the houses rules or another name. These documents and rules are legally enforceable by the homeowners association, unless a specific provision conflicts with federal, state or local laws."

Check your CC&R's. You should have a book, manual or something that was given to you when you purchased the property. If noise and flooring are covered in the condo complex CC&R, it is enforceable, and you may need to replace the flooring. If not, you have a case not to replace the flooring.

Check out REALTOR.com: What about the CC&Rs? (http://www.realtor.com/BASICS/condos/ccr.asp)