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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I down hard wood floors on my condo. I followed

Customer Question

Hello. I laid down hard wood floors on my condo. I followed the numeric guidelines set forth in the CCR's. Now my neighbor below is complaining that she can hear every move I make. I have been in her place and do agree that footsteps and activity can be heard. The CCRs also state that any change in the property that impacts noise level for others is forbidden...I'm now selling my property and she is very concerned noisier people will move in. Does she have any right to legally sue me over this issue?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
She can sue to enforce the terms of the CC&Rs, however if the flooring has been in a long time, and you did install under the specific specs of the design review guidelines (also called "architectural guidelines" or similarly named title) you do have a defense.Neighboring units do cause noise transmission from one to the next, and downstairs neighbors do suffer noise intrusion from upstairs neighbors. If you followed the installation guidelines you are going to have an advantage over a condo owner that simply installs flooring without architectural approval or does so without following these guidelines (usually what we see in these types of suits is an upstairs owner that installs cheap hardwood or synthetic flooring without any underlayer, without following any provision or application process in the HOA (not all HOAs require this), and cause a lot of increased noise for downstairs neighbors - those owners are subject to litigation either by the HOA or the downstairs neighbor, and can be forced to remove the flooring and/or renovate the flooring to remedy the situation).
Customer: replied 1 year ago.
Thank you. That was helpful. One last question related to this one...I'm going to attach files that she had scanned and sent me re; the material my contractor used and the CCRs. Would it be possible to just review it to reassure me she does not have case? It's a short blurb. I'd appreciate it greatly.
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately my services on this particular forum are limited to "general legal information" you will need to work with a local attorney to get a formal legal opinion regarding your specific CC&Rs and your flooring situation. You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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