Posted by Leo on May 29, 2004 at 21:37:56:
Frank,
Thanks a lot for very helpful and useful information.
It’s real great when people can help each other!
God Bless.
Leo
Condo restrictions question - Posted by Leo
Posted by Leo on May 25, 2004 at 20:54:14:
Hi,
I?m new here and not sure if it?s appropriate to post this question which I BADLY need answer for. If not please forgive me.
I?m a homeowner of condo in San Jose, CA.
A while ago (about 3 years) I have installed hardwood floor in my unit. And now it turns that association is basically requested to remove it based on CCR requirements.
I?m wondering if there any legal way to fight this.
If someone willing to help me with any input I will very appreciate it!
Thank you in advance,
Leo
Re: Condo restrictions question - Posted by Frank Chin
Posted by Frank Chin on May 26, 2004 at 04:40:59:
Leo:
What exactly does the CC&R for your condo have to say about it?? In other words, on what grounds are hardwood floors not permitted??
BTW, I love hardwood floors.
Does your HOA have monthly meetings, and have have you made your case at such a meeting?? Another way is to petition the other owners to have the CC&R changed.
Going the legal route should be the last resort, and is not easy particularly if you agreed to the CC&R when moving in.
Frank Chin
Re: Condo restrictions question - Posted by Leo
Posted by Leo on May 29, 2004 at 24:32:33:
Hi Frank,
Thank you for your input.
The things are: there is nothing in CC&R regarding hardwood floor and now they refer to San Jose City Build Code and trying to make their case based on possible higher level of noise transmitted from my floor to first level occupants and city build code which is restricted floor coverings and noise level.
Oh, well…
Thanks again,
Leo
Re: Condo restrictions question - Posted by Frank Chin
Posted by Frank Chin on May 29, 2004 at 09:13:37:
Leo:
Sounds like a bunch of BS.
Years ago, houses are built WITH hardwood floors where people often carpeted over. When I buy these older buildings, I removed the carpets and sanded the floors down to get to my hardwood floor.
True, construction is much flimsier nowadays, and but it seems a bit odd that one has to compensate for a poorly constructed condo with specific floor coverings. It sounds like the guy downstairs may be complaining about footsteps from upstairs, ie. you.
If I were you, instead of getting lawyers involved, first get an architect who understands the San Jose Building codes. I’ve hired them to check out violations when selling properties, and I had a buyer hire one to check one of my properties, and see if my fire escapes was in compliance with current codes. And because the architect didn’t have to make a field visit for the buyer, just examining photos from the inspection report, he charged $125.00 to research the building codes. I paid an architect around $200.00 to do a field visit.
If this thing really bothers you, (it would bother me), spending $125.00 to $200.00 is lot a heck of a lot of money. Then, if plan to sue, do it big time, and complain about being sold a condo that does not meet noise codes.
The best defense is a good offense.
Frank Chin
Re: Condo restrictions question - Posted by Leo
Posted by Leo on May 29, 2004 at 12:14:21:
Hi Frank,
Thanks for valuable comments!
So, where should I go to find an architect? It could be anyone or one who specialize on condos?
Thanks,
Leo
Re: Condo restrictions question - Posted by Frank Chin
Posted by Frank Chin on May 29, 2004 at 14:05:50:
Leo:
Here in NYC, there’s folks listed in the Yellow Pages called “expeditors” whose specialties are working with the “Buildings Department” to obtain permits, review violations, having violations removed etc. Many of them are also practicing architects. The key here is the practice requires knowledge of the local building codes.
I don’t know whether they have expediters in your area, as there are also “freight expeditors” that get mixed in Yellow Pages when you go look.
Rather than going crazy calling architects, see if there’s any serivces specializing in “violations removal”, and you’ll find professionals, be it an architect or not who specialize in understanding local building codes, and can review your situation.
Then there might be a cheaper way.
In the worst case, you can check with the local code inspector, and ask them whether they can take a look for you for free, or recommend a service, mentioning to them your HOA said your violating some local code. In other words, call the cops on yourself.
If your HOA is giving you trouble already over your violating some local code, then you’re certainly not making any more trouble for yourself calling code enforecement.
In the worst case, the inspector can say you’re not in compliance, and at least you know what code they’re talking about. In the best case, code enforcement may tell you that there’s no such rule, and what they’re saying is a bunch of BS.
If you want to be really cute, this may make a great story for local TV or newpaper. “Man told to remove Floor”. Believe me, I’ve done it, and when someone try to make trouble for you over stupid make up rules, they’ll duck and hide when the reporters come calling.
Frank Chin