Legal Question in Real Estate Law in California

Is carpet replacement violating HOA CC&Rs ?

Hi,

I recently bought a condominium and replaced the carpet inside with laminate flooring because of my allergy condition.

My downstairs neighbor complained to the HOA about this renovation because they say it's noisy downstairs now and that I broke the CC&Rs of the complex.

The HOA told me to put the carpet back because the carpet removal was unauthorized under the CC&Rs (Section 5.05. Right of Owners to Remodel and Decorate Units) and needs to be put back and I will need the board's authoriation to make any future change.

However upon reading the wording of the CC&R (section 5.5), I still believe it gives me the right to change the carpet.

What options do I have ? And can the HOA enforce their decision ?

Any information appreciated, thks.

sincerely,

SL


Asked on 1/23/02, 8:03 pm

2 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Is carpet replacement violating HOA CC&Rs ?

I cannot see how carpet replacement can violate the C.C. & R's. If you fax me the sections to 714 363 0229,, I will provide you with free consultation.

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Answered on 2/07/02, 6:15 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Is carpet replacement violating HOA CC&Rs ?

Without reviewing the CC&R's, I couldn't say. Usually, the restrictions on redecorating and remodeling has to do with preventing damage to the structure of the building or causing an eyesore to the outside. Doesn't sound like you have done either, but I would need to see the document.

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Answered on 1/23/02, 8:52 pm


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