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Updated over 4 years ago,
Question - HOA asking me to replace hardwood floor - my options?
Hello,
I own a second-floor condo. At the start of the year, my tenant moved out. I replaced the carpet with hardwood floor at the time. My intent was to make the condo unit more appealing, so it can be rented out at higher rent with longer tenancy. I received a letter from the HOA last week stating that I have violated the HOA CC&R - "...hardwood flooring shall not be installed in a second story unit..". I wasn't aware of this regulation.
The HOA is asking me to replace the hardwood with a wall-to-wall carpet. They mention that "the Board Of Directors will require an inspection of the unit to ensure that the hard flooring has been completely removed (not covered over with carpet) and wall-to-wall carpeting has been installed".
It seems like the neighbor downstairs complained of noise from my tenants walking in the condo. He happened to come upstairs to my unit, noticed the hardwood flooring, and must have complained to the HOA.
Currently, I have a tenant living in the condo, with a lease that expires in Jan 2021.
I don't know how I can change the flooring, while I have a tenant in the condo. (1) It would be very expensive to get all of it done (having my tenant move out, have all his items in storage, change the flooring, and then move the tenant back in again) (2) asking my tenant to move out and live somewhere else, while COVID-19 is everywhere, also seems risky - if my tenant gets ill, I am not sure if I might get hit with liability claims, etc..
Any suggestions on what might be my options?
Thanks for your help!