Design & Decor in Naples>Question Details

Big Apple Bu…, Real Estate Pro in Bergen County, NJ

i received a notice from my condo board that the floor i installed has to be removed since it didnt not follow the rules and regs..

Asked by Big Apple Buildings, Bergen County, NJ Tue Aug 23, 2011

there was tile all over the unit and in the bedrooms there was moldy disgusting rugs..All I did was replace the dirty rugs with the matching tile.. not sure what I can say or do to smooth over this problem.. any advice would be greatly appreciated..

Thank you

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If you did violate the rules and regs, they may be able to enforce this - have you referred back to your restriction guidelines? Often when you buy a condo, you have an introductory meeting with the board or board members, did that happen? Talk to them first and review your restrictions and find out what your possible remedy options other than tearing it out. Seeking the advice of a RE Attorney is always a wise though.
1 vote Thank Flag Link Tue Aug 23, 2011
Big Apple.....the condo docs will determine the right answer here. If in fact they reference the flooring material which is acceptable in certain areas, they would trump anyone's opinion. On occassion there are 'rules' which interpret the documents as well....

Be sure it's in writing as to what you can and can't do.

Good Luck!
0 votes Thank Flag Link Sat Aug 27, 2011
Hi Big Apple,

Yes, it happens all the time that owners are not always aware of the requirements. The previous owner should not have installed the tile in the non-approved areas. Are they asking you to remove the tile in the non-approved areas, too?

So, make sure to verify it is "in writing" in the condo documents and not just a rule created by the board. Many volunteer board members and even the hired management firm don't always understand the State of Florida Condo statutes and the requirements.

Good luck!

All the best,
Alma
http://www.SoldOnTampa.com
0 votes Thank Flag Link Thu Aug 25, 2011
Sorry that you are having this problem! Unfortunately Condo Associations can have this power over you, especially if these limitations are stated in your regulation book. There are reasons that they have the say when it comes even to re-doing your own tiles, for fear that if not properly installed, they may create problems for people living on the floor below you. Especially when it comes to sound barriers.

If there is nothing in your Association Docs regarding this issue, then you may be able to appeal it. But its always wise to be very familiar with your Community's Regulations. Please let us know if we can be of any help,

Angie Curkovic and The Curkovic Real Estate Team
239-330-1225
0 votes Thank Flag Link Thu Aug 25, 2011
Thank you for all the responses thus far. The letter was to inform me that the floors were installed without requesting permission from the board. It also states that tile can only be installed in kithchen, bathrooms, and foyer.. The place was tile everywhere when I bought it. So not sure how that happened..
0 votes Thank Flag Link Thu Aug 25, 2011
The fact scenario you give does not fully provide all the facts to formulate an answer. By "dirty rugs," I assume you mean carpet? If it was actually rugs then what flooring was underneath the rugs? How did you not follow the Rules & Regulations? In other words, do the Rules & Regulations not allow tile flooring in the areas you installed them in or did you just not ask the Board for permission before you did it? The answer to this question makes a big difference in how to proceed.

Jack Gillis, M.B.A., J.D. │ Realtor®
Jack Gillis Realty Advisors
United Real Estate, Broker
5430 LBJ Freeway | Suite 280
Dallas, TX 75240
Cell: 214.718.4910
Email: Jack@JackGillisRealty.com
0 votes Thank Flag Link Thu Aug 25, 2011
Sorry you're in this situation. You may need to review your condominium governing documents. Sometimes "volunteer" Board of Directors may not even understand the governing documents. It should spell it out specifically that you are forbidden to install ceramic tile floors or you may be able to fight them. Florida requires very specific condo docs to prevent board of directors from discriminating against owners.

Also you can attend the next Board of Directors meeting to find out if they will give you an exception.

Here's an interesting website about living in a Condo or HOA and has helpful information on problems like you are experiencing:

http://www.ccfj.net

All the best,
Alma
http://www.SoldOnTampa.com
0 votes Thank Flag Link Thu Aug 25, 2011
Your answer should be in your condo docs. If you can't find your copy, the title company or attorney who closed your sale should be able to provide a copy. Many times, tile or other hard surfaces are limited to the kitchen and baths (wet areas). If you've ever lived below someone who hasn't installed the proper sound barrier, or installed their tile incorrectly (where it touches the walls - there should be a gap between the baseboard and the tile or wood flooring), you'd understand the reason for this rule. Your downstairs neighbors will hear every step you take - even every magazine you drop. It's not fair to them, especially if you violated what's required in your condo docs.
0 votes Thank Flag Link Wed Aug 24, 2011
Although I am from Naples Florida the situation is found here also. Older condo buildings are more likely to be more restrictive because the noise barriers were not put in place. If there was some way for you to check other
units that may have done the same
thing with proper permission you might
have some type of leverage. Make an
appointment with your board, perhaps
placing a large area rug over the area
would be considered a solution?

Always a good idea to check your
condo docs prior to any major
renovations.

Good luck to you.
0 votes Thank Flag Link Tue Aug 23, 2011
Read your condo docs and if you did what is required take your case to the BOD...they are the final say; many condos don't allow tile because noise transfers below. Some require special subflooring. Your have to comply with their decision. KathyBC 800-448-3411 ext 601.
Web Reference: http://AroundNaples.com
0 votes Thank Flag Link Tue Aug 23, 2011
Big Apple,
Carmen probably has the answer. Hard surface floors on upper units create noise issues for lower units if they aren't done right. We had an upstairs neighbor years ago in a condo who's girlfriend liked to where clogs. We always knew when she was visiting.
0 votes Thank Flag Link Tue Aug 23, 2011
Hi there,

If this is a second or third floor unit and you did not install the required padding under the tile, they will not let you off the hook. The condo rules usually specify clearly what type of underlayment is needed, if not, the BOA has to approve it.
as wasteful as it might appear, you might have no choice but follow the rules.
0 votes Thank Flag Link Tue Aug 23, 2011
Although you might have used the same tile, if it is covering a larger portion of the square footage than it was previously than that might be where the problem is. Many condo developments will only allow for a certain, small square footage, of the flooring to be covered with tile and/or hardwood and a majority of the flooring to be carpeting. This is usually to elimate noise issues between units, especially any units below you. You should check the rules & regs to see if there are any sq footage guildelines that might answer your question.
0 votes Thank Flag Link Tue Aug 23, 2011
Speak to a Real Estate attorney....if you need a rec let me know.


jessemcgreevy@gmail.com
239-898-5329
http://www.Bonita-Estero-RealEstate.com
0 votes Thank Flag Link Tue Aug 23, 2011
What do the CC&Rs say? That is your guideline.
0 votes Thank Flag Link Tue Aug 23, 2011
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