Interesting situation you're in. If the HOA has an approval process and policy regarding types of flooring that are accepted and the previous owner didn't comply with that and installed a non-conforming floor, then you may have a legitimate claim for loss of use or value. I would think that the seller would be interested in making this right with you.

If you go the claim route, then you may discover that you will be making your claim to many parties in this case. I can see them getting together to share responsibility and resolving the issue.

Even when floors in high rise buildings are installed with sound deadening materials, there still is 'some' noise from above...it cannot be entirely eliminated. However, your floors have no sound attenuating properties, and that is your complaint.

Good luck and let us know what you decide to do and the outcome.

The HOA claims that my floors were "grandfathered" in, or in other words, they were put in before the regulations were in place which I find hard to believe.

You say that I will be claiming to many parties- do you really think they might all agree to help me pay for this? That would be awesome, but sounds difficult getting a bunch of people together to get this done.

Check the dates on when the HOA rules went into effect; that will tell you whether or not the existing conditions are grandfathered.

Er, I hate to mention this, as we already have an excess of litigation in this country, but folks do respond to certified letters of intent to sue and then are given another wake up call when suit is actually brought. I know you haven't mentioned lawsuit here, but that may be one of your options. And I would think your title company could be of some assistance, if your contract with them covers this obvious defect.

Perhaps you will want to consult with a good real estate attorney.

Hope this all works out for you.

However, if the HOA accepted "grandfathered" existing conditions with the units, then you may be SOL in claiming any kind of loss.

When you decide what to do about the floors, definitely work with the people below...they sound like reasonable people.

You can always use some rugs.

You are likely wasting your time even trying to stick the HOA or the previous owner with the problem.

I agree with brickeye. Legal fees will be greatly in excess of the 3K needed to install carpet. It's just part of home ownership to deal with the cost of maintainence and repair of your property. I'd personally put down some rugs, and announce any future gatherings to the tenant below (maybe even invite them) so they can plan an evening out from the apartment. Maybe even pay for their dinner and a movie out. As long as your gatherings aren't too frequent or too late, this should be a decent compromise with your neighbor and cost less than a noise citation or a carpet install. Then, save up and have the floors redone when you can afford to do them right, with proper sound deadening installed.

"Legal fees will be greatly in excess of the 3K needed to install carpet."

You can probably get some rugs for lower than carpeting the whole unit (unless you use 'builders grade' carpet).

Sorry to hear about your situation. Just to put a different spin on it, if you dont want carpeting, have you considered soundproofing the neighbors ceiling? Check out a product called "green glue" and some forums on soundproofing.

ALso, now adays, they make very thin (.12") tiles that you could lay over your existing tiles without needed to pull the old ones up. You could put some sort of soundproofing in between. Check out products like Slimmker tiles or Kerlite tiles. THey are not low end, but maybe you'd enjoy getting a new floor out of the deal? They are made so thin (but very strong) so they dont interfere with cabeinets etc.

Best of luck!

My unit is all carpet and my neighbor still complains about me stomping and making loud noises when i'm doing things regularly. So honestly not sure if the flooring will fix all your problems!

Hopefully they came up with a solution in the 7 years since the original post...................