Modern sets of CC&Rs for condominium developments often contain provisions that restrict the types of flooring materials may be installed within a unit and/or at specific locations within a unit. Those restrictions purport to protect neighboring owners from being subjected to nuisance noise transmissions that unreasonably interfere with the quiet use and enjoyment of their units. In situations where an owner installs hardsurface (i.e., hardwood) flooring without approval and in violation of the CC&Rs, the association may have the authority to sue the owner in order to compel the removal of the flooring, or to at least require that the flooring be modified in order to abate nuisance noise transmissions:
“… the directive to find a compromise in modifying the flooring, as well as the interim remedy of using throw rugs, reflected a balanced consideration of the circumstances of everyone involved, including the residents below who were adversely affected by defendant’s violation of the noise and nuisance restrictions.” (Ryland Mews HOA v. Munoz (2015) 234 Cal.App.4th 705, 713.)
Related Case Law
- Ryland Mews Homeowners Association v. Munoz
(2015) 234 Cal.App.4th 705
[Architectural Control; Nuisances; Hardsurface Flooring] A HOA has the authority to place restrictions on the type of flooring that may be installed in a homeowner’s unit in order to prevent the creation of nuisances.
Hardwood Flooring & ‘Nuisance Noise’ – HOA Lawyer Blog, published 03/09/15