My Neighbor Won't Let Me Install Tile Floors

Florida Association of Realtors – Jan. 29, 2019 – 

Question: I live on the second floor of my condominium building and want to replace the original flooring. There is currently a mixture of carpet and laminate. I asked the Association to approve new tile flooring, but the Association denied my request because the neighbor underneath my unit objected right away.

Can the Association take orders from my neighbor? – A.D., Stuart

Answer: The answer to this question requires a thorough review of the Association's Declaration of Condominium and Rules. First, the Declaration of Condominium generally includes provisions on unit alterations and will generally discuss flooring requirements. I have seen some documents that require carpet in certain rooms with no alternate flooring materials. I have also seen documents that authorize hard surface flooring to cover only a certain percentage of the total floor area. I have also seen documents that allow the Board to approve alternate flooring materials provided the Owner complies with sound barrier requirements.

Assuming the Declaration allows you to install alternative flooring, the next question is whether the Board has adopted a standard sound absorbing underlayment. Florida Statutes section 718.112(2)(c) provides that any rule concerning the use of a unit must be adopted by the Board after providing at least 14 days mailed and posted notice.

At the end of the day, an underlayment requirement is a rule which involves the use of a unit. Most condominiums do not realize that this is a rule and that it requires special notice requirements. If the Board never properly adopted a specific underlayment, there would be very little objective measure to determine whether your proposed underlayment is adequate.

More broadly, I also do not believe that the Board can make a decision solely based on the subjective desires or objections of a neighbor. If the condominium documents provide that you have the right to make alterations, and assuming you comply with duly adopted underlayment requirements, any decision based on a neighbor's objection would be arbitrary and therefore unenforceable.

I would highly recommend that you have the documents reviewed by a licensed Florida attorney and the attorney would then likely request to inspect the condominium documents, rules, meeting minutes and meeting notices to determine whether any flooring rule was appropriately adopted, and if so, whether you comply with the requirements.