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September 17, 2007

SHOULD DEVELOPERS PROFIT FROM YOUR WOES? HARD SURFACE FLOORING AND NOISE ISSUES.

The installation of hard surface flooring in stacked units in condominiums OR townhouses very often creates serious problems. A very common scenario is that the upstairs people have kids, dogs, door slamming residents, or high heeled shoes involved; while the downstairs people have a love for quiet and solitude. The proverbial "sh_t" hits the fan at some point, and the complaints start. The upstairs people try to keep the kids or dogs down and the downstairs people take to pounding on the ceiling everytime they hear a noise they do not like.

So who is to blame? Who should "win the fight"? Who's right? Who's wrong?

One thing is for sure ... these are very difficult issues to resolve. In some cases, the only satisfactory result is going to be that one or the other, or both, parties need to move. There are intermediate remedies, like adding carpeting, rugs, padding and the like to traffic areas, trying earplugs or ocean waves as a distraction, or, perhaps one can try to "rise above it." However, unforetunately, it is likely both parties end up completely stressed and uncomfortable in their homes, and hating their neighbors. But with the economy the way it is, the sluggish market, and lending issues that are beginning to arise in an attempt to counter the subprime lending fiascos of the past few years, its just not that easy to move.

The sad thing about some of these situations are that the homes are in brand new developments. The developers collect extra profits to upgrade to laminate or wood floors. The public likes these kinds of floors and the belief is that they add value to the units. However, if the floors lead to noise complaints, the opposite can occur - a unit or the entire complex may lose value if there are rampant noise complaints.

What about developers that claim, when asked, that they use extra soundproofing materials to prevent or minimize noise transmission between units from the flooring, and it turns out they either mislead owners, or the "extra soundproofing" is worthless. Many owners feel duped by these representations.

Here's a thought: how about asking developers that build buildings with poor sound transmission, or that collect extra money for the upgrades to laminate or wood floors, to contribute something to resolve the problems? How about contributing those upgrade profits to be used for items or services that may help resolve the disputes that arise over noise transmission? That money could be well spent on carpeting, rugs and padding for the upper units, white noise machines for the lower units, or mediations to attempt resolution between the disputants.

I think that might be fair. What do you think? My next email on this subject will deal with Boards that take actions that allow upper units to upgrade to hard surface flooring without really sufficient padding, and then leave it up to the owners to "duke it out" and claim its a neighbor-to-neighbor issue. And expect a blog on owners who add hard surface flooring in spite of the prohibitions against it. And frankly, I do not buy the commonly proferred argument that laminate flooring is not hard surface flooring (when documents prohibit it) or that it does not increase sound transmission. It is not a reasonable substitute or "like-kind" product for carpeting and padding. When salespeople have to make disclosures about the increase in noise and "echo" capacity with the laminate flooring (which was the case the last two times I purchased it - in a single family, non CID home), you can believe its true.

Feel free to send me an email. Not everyone agrees with me. I recognize that.

Posted by Beth Grimm at September 17, 2007 10:35 PM