I have not been permitted to install hard-surface flooring, yet many of my neighbors have. CC&R's were changed last year to prohibit practice.

In order to determine whether there is anything wrong with the decision to not allow you to replace your floor, I would need to review the CC&Rs, both before and after the amendment, and find out all the facts regarding the other units which have been allowed to install the hard-surface floors. As a general rule, HOA Boards are allowed very broad discretion in making decisions and choices. A judge will not question an HOA Board's decision unless it is an "abuse of discretion." On the other hand, violations of the CC&Rs by the Board are always an abuse of discretion. Some provisions of the CC&Rs cannot be amended by a simple majoirty vote. Is the hard-surface in the unit above you causing too much noise in your unit? Just because the Board approved it does not mean that it might not be a private nuisance. You should start by asking your neighbor to do things to reduce the noise, like wearing soft-soled shoes, putting area rugs in areas of high traffic, and reducing the volume of audio and video equipment or use headphones. If the neighbor refuses, then you can sue him, not the HOA. Don't unilaterally install a hard-surface floor in violation of the CC&Rs. Earlier this year, a condo owner who had done that and lost the case, won an appeal where the attorneys fees the owner had to reimburse to the HOA was reduced from over $1 million, to over only $700,000! If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack