[WSBARP] A condo owner who stuck with the upper unit's unbearable squeaky floor

[Paul Neumiller]

Not sure you can force the HOA to act but most condo declarations state that if the HOA fails to act, an individual homeowner has the power and right to sue to enforce the declaration.


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Carol Li
Sent: Friday, June 4, 2021 3:20 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] A condo owner who stuck with the upper unit's unbearable squeaky floor

Dear list mates,

PC involves in a tricky situation needs to potentially refer out (welcome self-referral )

The unit above is rented out to tenants and the walls/structures are pretty thin. Any walking can be heard downstairs in PC's unit.
1. Upon replacing the flooring, HOA requires flooring to be approved before installation. The unit upstairs never got HOA approval and installed hardwood flooring; the sounds from walking are now unbearably loud for PC. When PC tried to talk to the owner, he was less than friendly. HOA stopped addressing the issue and could not provide proof that their hardwood installation was approved. This has been an ongoing issue since 2020.
2. Upstairs unit recently had a leak into their unit. Four weeks ago, HOA sent a contractor and removed ceiling drywall (3 holes in the ceiling) and placed fans to dry the water damage. HOA is saying it will take another 3-4 weeks to patch everything up; HOA has also stopped replying to emails for a week now. Because of the open walls, PC and his wife and 2-month-old baby have moved out of the unit, temporarily into their parent's home.

There are four parties involved: HOA, upper unit owner, upper tenants, PC.  Seems like it is going to be a project to restore the peace for PC by 1) evicting the loud tenants? 2) replacing the floor? 3) forcing HOA to push option1 and option 2? Would any insurance coverage help to resolve this issue? Maybe selling the unit is the best way to go? Who would be responsible for the sufferings PC has endured? Would a nuisance lawsuit work?

Thanks!

--
Carol Li
Phone: 425 232 0316
 "When you think positive, good things happen"
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