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KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 752
Experience:  Attorney at Law Office of KJLLAW
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I am 67, live on my pension and have a mild mobility issue

Customer Question

Good morning. I am 67, live on my pension and have a mild mobility issue which I've been warned could get worse. but for how it is ok. I live in a condo and there are three homeowners on the floor of which I am one. The two other homeowners on this floor wish to remodel the common hall way and I am ok with this in principle. However, the other two owners wish to replace the hall carpet with either a hardwood or ceramic floor. I feel I need to keep the floor carpeted as I am fearful of falling on floors that should the floor become slippery. I currently use a cane and at times a walker and a ankle brace.
JA: Has any paperwork been filed?
Customer: to finish the story, the association bylaws state in part: " Should a majority of the Unit Owners on a floor agree to a basic and reasonable cost for hallway decoration ...and the remaining (one) Unit Owner refuses to cooperate r pay his share, the Unit Owners wishing to redecorate may appeal to the Board, which after review, may assess the remaining Unit Owner for his proper share. so
JA: Anything else you want the lawyer to know before I connect you?
Customer: my question is can i argue that replacing the existing carpet with other than a carpet be disqualified as other than " decoration. Is that not a renovation project? Legally can I block a tile or hardwood floor which may cause me harm?
Submitted: 26 days ago.
Category: Real Estate Law
Expert:  KJL LAW replied 26 days ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Yes, under the association bylaws the installation of another floor would be a renovation and not decorative. Your by-laws are clear, and the phrase " Should a majority of the Unit Owners on a floor agree to a basic and reasonable cost for hallway decoration ...and the remaining (one) Unit Owner refuses to cooperate or pay his share, the Unit Owners wishing to redecorate may appeal to the Board, which after review, may assess the remaining Unit Owner for his proper share.

You have a valid argument that replacing the existing carpet with a floor is not " decoration”. Such a major renovation is not decorative, but is a renovation of the floor itself. Also depending on the scope of the work to replace the floor, permits may be required to remove the carpet and add a floor.

It was a pleasure assisting you today, and I would appreciate if you would rate my service with the stars, so I will receive credit and payment for my work. After you rate the question you can ask follow up questions, and you will not be charged any additional money for the follow-up questions.

Expert:  KJL LAW replied 23 days ago.

If you have any additional questions just ask.

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