My Condo HOA is threatening legal action against me

[Jared Campbell]

Summary: I didn't get approval for the installation of new laminate floors and now the board/HOA won't approve my flooring request even though the padding I have is much quieter than what they require. Now they're fining me and threatening potential legal action.

Long version: I own a property in California and have been renting it out for about 5 years.  After my last tenant moved out, I decided to install laminate floors and used one of the top rated companies in my area - paid about $6,500 and the new floors look great!

On the first day of construction, my HOA e-mailed me and said I needed to stop work immediately since I didn't get approval for the new floors. So the next day, I submitted a flooring form and after a couple days, the board got back to me denying my request. They said that the material I wanted to use was tested on a concrete slab and not the wood joint system that the building is built on.

At this point, the floors were already basically done since I had a new tenant coming in within a few days.  The architectural application form says that the floors must produce an IIC rating of at least 55 decibels.  The flooring I installed was tested and produced a rating of 75 decibels, which is much quieter than what's required.

Now the HOA/board has fined me $100 so far and says that I face continued fines and potential legal action. Obviously I'd prefer not to continue getting fined and/or get sued but I also feel like that I am in the right.

What should I do? I should have done the application ahead of time so I feel the first fine is warranted for that, but does a condo board have arbitrary power to deny requests like this?  This is my unit after all and since I went above/beyond to use padding that is very quiet, I don't see why the board can deny this request.  The new floors also increase the value of my unit and benefit the other owners in general too.

So what should I do?

PS - Yes I know I should have gotten approval first for the floors but you can see why I didn't want to do it in the first place. Going forward though, I've learned my lesson (despite what will happen) and will succumb to all of the inane HOA rules in the future. But I will never buy in an HOA again if I can help it.

[Sandra B.]

Please do not immediately lawyer up.  I own 2 condo properties and am on the board of one of the HOAs.  The board members are human beings, not irrational monsters.  Their primary concern is protecting the value of their homes.  Go to the next board meeting, hat in hand, and explain your honest mistake.  Be apologetic.  Bring a sample of the material used.  Explain how this improvement adds to the home value and brings in higher quality tenant, which is good for everyone in the community.  It is much harder to draw a hard line with a humble, apologetic person standing in front of you than with a threatening  letter on legal stationary.  

While you feel it is "your unit", that is really not correct.  You agreed to abide by the CC&Rs of the community when you bought and you have very little recourse if they choose strict enforcement.   

One final note, be mindful when screening your tenants.  I'm guessing this is not a targeted attack on you.  However, if you bring in tenants who cause a nuisance, disturb neighbors, or simple don't conform to the general profile of the community (if it is all young professionals and they are 4 college kids sleeping two to a room, etc), you will receive less leniency from the board.  They will perceive that you are adversely affecting quality of life in the community and dragging property values down. Bring in quality tenants and a good attitude, and they will most likely work with you.