What to do about an HOA dispute regarding installation of hardwood floors in our condiminium?

UPDATED: Jul 1, 2012

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What to do about an HOA dispute regarding installation of hardwood floors in our condiminium?

We own a luxury penthouse condo. We recently decided to do some upgrades which included installing plantation shutters, granite countertops and hardwood floors. Upon completion of the hardwood floor installation we were all set to enjoy our beautiful property when we had a call from the property manager asking us if we were replacing the carpets. We said yes but had upgraded to hardwood floors. She immediately told us we were not allowed to have hardwood floors on the 2nd and top levels of the complex. It was supposedly in the CCR’s. We never even thought to check. When we told her they had all been laid and glued down to the gypcrete she said they would get their attorney to make us rip them up. We are distraught. These floors cost us nearly $4000. Do we have options?

Asked on July 1, 2012 under Real Estate Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

HOAs have boards of directors to whom homeowners can apply for exceptions to the CCRs.  I would find out when the next board meeting is and request to have your situation placed on the agenda.  

In general, all meetings of the board of directors must be open to all members of the HOA. Notice of the meetings must be provided in a reasonable manner at least 48 hours in advance of the meeting. 

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