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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35816
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have received a letter from management company of my coop

Customer Question

Hello, I have received a letter from management company of my coop that the neighbor complains about the noise. They came check my apartment and I have more than 90% floors covered. They told me I need to put padding under the carpets. After they left I checked the house rules and it states there that carpeting or rugs or noise reducing materials in 80% surface is required. I sent the Management an email saying that I do comply with rules as I have carpets. Today I have received a letter stating that they will charge me a fee if I do not put padding. Is it a harassment as there is no rule that requires carpets and noise reducing materials, it says clearly carpets or rugs or noise reducing materials.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.


If there is nothing in the Bylaws or CCRs that state you have to have padding under carpets, then they can't arbitrarily impose that condition without putting it to a vote of all the members and having it pass by the required percentage of votes to impose a change.


So if they try to charge a fee, you can simply ignore it and if they tried to take legal action to enforce it, you can defend on the basis that they have no legal authority to impose a fine for not having padding since it is not required by the formally established Bylaws or CCRs.





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