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More on Hardwood Floors/Allergies/Intolerable Noise

Some days questions come in that make me take pause as there is no easy resolution. Here is one that recently came in:

"We have a section in our CC&Rs that state that no unit can install hard-floor coverings when they live above a unit, and/or make alterations that will increase the sound transmission from one unit to another. The Architectural Committee at my community approved our upstairs neighbors to install hardwood floors throughout their unit because [of allergy issues] to carpeting. Now the footfall noise has increased tremendously to such a degree that we cannot sleep if our upstairs neighbors are awake. ... I don't know how we could ever sell our property with the degree of noise that is now being transmitted from above. ... I was not made aware of this application or approval until I heard the construction going on above me and asked about it. Does the Architectural Committee and/or Board have the ability to unilaterally approve such an exemption without my involvement when it would impact another home owner (me and my family) so tremendously?"

This is the long and short of it.

**Most documents do allow boards or architectural committees to make decisions about alterations.
**Some documents have restrictions that would effectively limit what can or cannot be approved.
**Laws through cases and statutes do exist to protect people with disabilities and assure that they, too, can have quality of life, and boards have to deal with those potential issues when considering requests like this for alterations.

So many times, a board is caught between a rock and a hard place (or should I say ... a hardwood floor).

What are the options in this situation?

Boards and ACC:

Check with an accoustics professional BEFORE APPROVING ANYTHING to see what the options are for protecting the neighbors below! And require that cork or some equivalent type of underlayment be included in the installation.

If this was not done ... then the problem is left in the hands of an owner, and an association may be exposed to some possible repercussions.

Other things for all parties to look at:

Rugs and padding that are made of nonallergenic fibers for the areas where traffic occurs. With active children, these tend to be the areas of the longest stretch of running capability.

Rubber based floor coverings such as those used in commercial buildings that deaden noise.

Felt or other soft protecting coasters for furniture and tables holding speakers, TVs, etc. and all furniture, and appliances that have noise making capability.

Requiring removal of shoes - wearing soft sole shoes or slippers when in the home.

Speaking in lower terms as noise echoes through rooms with hard surface flooring.

White noise machines.

Communication, communication, communication.

When parties clam up or retaliate, the problems escalate. Irresponsible actions lead to lawsuits and these are some of the worst for all parties because there is no easy resolution. If parties are obstinate, and the aggrieved party cannot get any kind of satisfaction through attempts to communicate, these are options:

Seek mediation of the issues. If the neighbors or board won't talk to you, call a local mediation service and see if they can get the other parties to the table.

Seek recovery for nuisance in small claims court. Perhaps a hearing officer can help prod the parties to take more assertive action to address the noise issues ... the claim would be nuisance, the request would be for monetary damages, and you can talk to the small claims court advisor about how to file. Some small claims courts have classes on filing a small claims action.

Seek an injunction ordering some kinds of accomodation. For this you will need a lawyer. Also, sometimes a letter from a lawyer laying out the legal possibilities and claims can engender more cooperation or bring a party to the "mediation" table to avoid protracted legal claims.

Full post as published by California Condo & HOA Law on May 06, 2009 (boomark / email).