I just bought a 2 story condo (3rd and 4th floor) that is part of an association with condo fees.The builder admitted making a mistake in laying my hardwood floors. A mistake affecting my downstairs neighbor - complaining of the vibrating noise. The builder is harassing me to remove my hardwood floors to replace them with a thicker underlayment and a slimmer wood (5/8 instead of the current 3/4 over 600 square feet). I'm all settled and I don't want my builder to replace the hardwood that I personally picked and paid extra for, but I'm tired of being harassed and I'd like to salvage my relationship with my neighbor.Questions: 1-Can the builder (who made a mistake) force me to replace my floors, arguing that I'm part of an association and legally obliged to change my dwelling if a neighbor can't enjoy theirs? 2-If I let the builder replace the floors, can I ask for compensation for lowered property value, loss of enjoyment and all the trouble? Thank you!
State/Country relating to question: Pennsylvania
I am waiting for legal advice before doing anything.
Thank you for your question. I am a Pennsylvania licensed professional and will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.Please permit me to respond to both concerns in order listed:Questions: 1-Can the builder (who made a mistake) force me to replace my floors, arguing that I'm part of an association and legally obliged to change my dwelling if a neighbor can't enjoy theirs?The builder cannot do so. The builder has no right to compel any change or modification, if anything, the builder can potentially be pursued for their error and be made to replace the floors at their expense. The only ones who can compel you change the floors are the association if they have such powers granted to them under the CC&Rs, or via court order. 2-If I let the builder replace the floors, can I ask for compensation for lowered property value, loss of enjoyment and all the trouble? Generally no, you can ask the builder to absorb the cost of the value of the repairs, but you cannot seek compensation for lowered value as such value is not actualized (meaning that you haven't sold the property and lost value due to the modification). Good luck.
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