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Association’s Ability to Impose Restrictions on Upper Level Hardwood Flooring

Posted by Joel Kriger | Apr 27, 2015 | 0 Comments

In February of this year, the California Appellate Court confirmed an Association's ability to impose restrictions on hardwood flooring in an upper level condominium.  The case is Ryland Mews Homeowners Association v. Ruben Munoz.  In this case, the owner of the unit installed hardwood floors without Association approval for the purpose of improving his unit and to alleviate dust allergies.  After the flooring was installed, the unit owners below complained to the Association about increased noise.  The Association's CC&Rs restricted owners from altering units in “any manner that would increase sound transmission to any adjoining or other Unit, including, but not limited to, the replacement or modification of any flooring or floor covering that increases sound transmission to any lower Unit.”  The court required the unit owner to install throw rugs over the majority of the flooring.  The court did not require the unit owner to remove the flooring.

About the Author

Joel Kriger

Owner Practice Areas: Community Association Counsel Joel M. Kriger is the founder of Kriger Law Firm. A native of Pennsylvania, Joel graduated from Temple University in 1970 and moved to San Diego to attend the University of San Diego School of Law, from which he graduated in 1973. Joel maintai...

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