HARDWOOD FLOORS IN CONDOS

Right to Quiet Enjoyment

"Quiet enjoyment" is the right of a property owner or tenant to enjoy his/her property in peace without interference. Disruption of quiet enjoyment may constitute a nuisance, which is generally prohibited by an association's CC&Rs. Even though owners have the right to quiet enjoyment of their property, that does not mean they have the right to a noise-free environment. To constitute a nuisance, the noise must be such that it causes an unreasonable disturbance or annoyance. The occasional cry of a baby or the faint sound of a radio or television does not constitute a nuisance. A barking dog could constitute a nuisance.

Reasonableness. Associations must be careful to balance their restrictions on hard-surfaced flooring against the needs of the disabled. An unpublished case offers guidance on hardwood floors and the disabled. An association was found to have discriminated against a disabled member by refusing to reasonably accommodate her hardwood floors. (Savoy v. Zhang) However, an allergy by itself does not give an owner the right to ruin a neighbor's life. Many hypoallergenic rugs and other products on the market could have resolved the allergy without creating noise problems.

Subjective. Because nuisance is largely subjective, associations are not obligated to become involved in disputes where the noise merely causes inconvenience. If, in the board's opinion, a nuisance exists, it may send a cease-and-desist letter, impose fines, suspend privileges, and/or take legal action.

Objective Standards. An objective standard is preferable for hardwood floors. This will minimize potential litigation.

Bootlegged Hardwood Floors 

A common problem for condominium associations is excessive noise caused by bootlegged hardwood floors. Some owners mistakenly believe they can override CC&R restrictions with approval from the building department or by claiming allergies. The first is never true, and the second may require a reasonable accommodation. In Ryland Mews HOA v. Munoz, a new owner installed hardwood floors in violation of the CC&Rs, creating intolerable noise for the owner below. When confronted, Munoz refused to mitigate the problem by claiming his wife suffered severe allergies. The association sued Munoz for (i) creating a nuisance that unreasonably interfered with the quiet enjoyment of another owner's condominium, (ii) altering his unit in a manner that increased sound transmission to an adjoining unit, and (iii) failing to get written approval from the architectural committee.

Court Order. The association asked the court to issue a preliminary injunction that Munoz address the noise transmission problem pending trial on the merits. The court agreed and ordered Munoz to install rugs on more than 80% of his floors. Munoz appealed and lost. Munoz's violation of the CC&Rs and his refusal to compromise saddled him with an order to install rugs, a looming trial that could result in fines, an award of attorney's fees, and an order to remove his hardwood floors. (Ryland Mews HOA v. Munoz)

Transfer of Property. If the owner had sold his unit without resolving the unauthorized floor installation, the violation would have transferred to the buyer.

Building Code Acoustical Requirements

Code requirements are usually satisfied with carpet. However, hard-surfaced flooring creates noise transmission problems. The following are the recommended FIIC guidelines for hard-surface flooring.

Many boards have adopted standards that exceed local building codes. Because 45 is unacceptably noisy, many associations have adopted a minimum standard of 52, while others use 55. Recognizing the problem of excessive noise, many local jurisdictions also set higher STC ratings. One example is the City of Redondo Beach, California, which requires an STC of 55 (see City of Redondo Beach Municipal Code, Section 10.2.1608).

Associations without an acoustical standard should consider adopting one. Adopting a reasonable acoustical standard will allow the installation of hard-surfaced flooring while minimizing noise transmission to lower units. This will increase property values and minimize disputes between neighbors.

Sound Intensity Chart
 

Additional Information
 

• The Acoustics of Floors in Condominiums
• AcoustiCORK
• Acousti-Mat
• Acoustical Surfaces, Inc.
• Easy Mat

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.