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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37364
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: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years 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.

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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.

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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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thanks

Barrister