QUESTION: An owner installed hardwood floors in his 3rd-floor unit in direct violation of the rules. He was notified before, during and after installation. The owner thumbed his nose at the HOA. He was fined and the HOA hired an attorney to enforce the rules. Only after the HOA filed suit did he remove the flooring.

ANSWER: We had a similar situation where the board gave an owner warnings before, during and after the floor installation. We took the violation to binding arbitration and the owner was ordered to remove the floors and pay the association's legal fees.

Second Story Ordered Removed. An even more dramatic example involved an owner who ignored hid association's height restrictions when he added a second story to his house. The court ordered the owner to remove the second story. Clear Lake Riviera v. Cramer.

RECOMMENDATION: Boards should work with legal counsel to make sure they have clear architectural guidelines when it comes to hard-surfaced flooring and then consistently enforce those guidelines.