QUESTION

Neighbor underneath complaining about noise.

Asked on Jun 02nd, 2015 on Real Estate - California
More details to this question:
Hi Sofia how are you. I am one of your old clients Armen Galstyan. I am in need of an attorney. I don't think this is your field but maybe it is or maybe you can refer me to somebody. I bought a 1 bedroom condo for my dad month and a half ago and installed laminate floors. The guy below complained about noise and said we have to put underlayment. So we redid it and put cork and eva underlayment underneath. He is still complying about noise. He's talking about L.A. city codes and other legal stuff. I am looking for an attorney to talk to. My homeowners association is not being helpful and the condo CC&Rs does not specify anything about laminate floors. Thank You
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your CC&Rs probably prohibit changing the floor coverings without approval by the HOA Board or an architectural review committee. For violations, the HOA can require you to restore the original floor coverings, impose fines, sue you, recover the fines, the attorneys fees, and monetary penalties for contempt of court. All of these amounts can be made liens on the property. The property can be sold to pay off those amounts. So don't ignore the HOA. The HOA can't treat your father differently that it treats other owners. Find out what kinds of floors other owners are using in order to minimize noise transmitted to lower units. Whatever works for them, should work for you. Whatever the HOA has allowed them to do, it should allow you to do. 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
Answered on Jun 08th, 2015 at 12:27 PM

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