I live in an upstairs condo that has no insulation or soundproofing between the floors. Our neighbors have repeatedly complained to our HOA that we create excessive noise when we are just walking around (not jumping or running, just walking). Our HOA has threatened us with removal of tile which we have in the kitchen and bathrooms. This forcible removal of tile is mentioned as a remedy to disputes in our CC&Rs. All we are doing is WALKING. Also, we have other neighbors next door that have complained to the HOA that they can hear me snoring at night. Can our neighbors or the HOA take any action against us? Thank you.
State/Country relating to question: California
Did you install the tile? Are you the owner of the condo or a renter? If this problem is not unique to your condo has the association developed a solution to this problem?
We only replaced tile. We added cork insulation when we replaced the tile. We are the owners of the condo. The situation is common but, other than sending out letters asking us to resolve the situation, the association has offered no other solution. We have tried reasoning with our neighbors saying that we walk as quietly as we can, but it hasn't been enough for them. We are walking on eggshells in our own home.
In this case, I think you have to take the position that the problem is endemic in the building and you took appropriate steps to ameliorate the situation by replacing the tile and using the cork insulation. Just as you found the condo in the condition you did, the downstairs owners also took their unit with the disability inherent in the building. You might try some carpet runners in walking areas but I do not see more than that you can be made to do. The fact that the prior owner was not required to replace the tiles is a basis for saying any complaint was waived and it is no different than a zoning variance, once granted it applies to the property in question even after a sale.
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What about the complaint that the next door neighbor is disturbed by my snoring? This is caused by the same lack of insulation between condo units.
This is the same situation as the floors. It comes with the poor construction of the building for which you are not responsible.
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