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seflor · Mar 11, 2008, 07:11 AM

Homeowner on third floor settled for her condo and said she was told she could replace her carpet with wood floors. It is stated in our by-laws that no one can replace carpet with wood. It is also stated that any changes must be done in writing requesting the changes. She said she was told by the builder and salesperson that she could do this. They responded that they do not recall giving her permission to do this. The homeowner on the second floor below her is filing a complaint and insisting she put back the carpeting. She not only did her living room, kitchen, halls but also her bedrooms.

What can we do to remedy this situation without involving attorneys fees. We are a new condo association and are just building up our funds for future repairs, etc.

ScottGem · Mar 11, 2008, 07:16 AM

Without involvng an attorney I'm not sure there is much you can do. Is there anything in the bylaws that addresses penalities for violating the by laws? If so, you may be able to impose fines until she fixes the breach of the by-laws. Otherwise you will need to sue her. The good news is, I believe you can include court costs in the suit.

Another thing you should be looking at is whether any owners are attorneys. They may be willing to handle or at least give legal advice, gratis. But the HOA should have an attorney on retainer.

excon · Mar 11, 2008, 07:23 AM

Hello s:

I hate HOA's. They tell people how they have to present the OUTSIDE of their homes to preserve the integrity of the association. Although it's like a prison, some people may choose to live that way if they want to...

But, you're telling this woman how she needs to keep the INSIDE of her home, where whatever she does WON'T affect the integrity of the association at ALL.

Why do you want to mind this woman's business?? Is she allowed to fart in her own home?

excon

ScottGem · Mar 11, 2008, 07:39 AM

excon has a point. Its possible the regulation against wood flooring wouldn't stand up in court since it regulates the inside of the unit. In a condo, the owner owns the inside and should be free to do what they want as long as it doesn't alter the structure of the building. I suspect, however, that the reason for this particular regulation is because of the noise level it would create for the owner below this unit. For that reason it could stand.

Bernard1599 · Mar 11, 2008, 09:42 AM

Hey seflor,

If it violates HOA Rules, then they are liable for all litigation costs. I also hate and dispise HOAs as they are communistic in nature.

Regards,
and have a great day. Call me later ;^)

JudyKayTee · Mar 11, 2008, 11:13 AM

Originally Posted by excon

Hello s:

I hate HOA's. They tell people how they have to present the OUTSIDE of their homes to preserve the integrity of the association. Although it's like a prison, some people may choose to live that way if they want to....

But, you're telling this woman how she needs to keep the INSIDE of her home, where whatever she does WON'T affect the integrity of the association at ALL.

Why do you want to mind this woman's business????? Is she allowed to fart in her own home?

I have no comment on the farting part but in my community - single family homes, not condos, not apartments - there are several restrictions, community laws, on where you can keep your garbage cans and my all time favorite: you cannot mow your lawn while wearing a bathing suit.

Apparently you could mow topless... just not in a bathing suit or someone will be offended.

The difference between a summer top and a bathing suit top? I have no idea. Maybe this summer I'll test the regulation.

I always think the better question is who wanders around, notebook in hand, writing down the violations - ?