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Type of Flooring Can be a Source of Conflict
Most people who buy a condominium, co-op or townhome take possession with some type of floor covering in place. Obviously, carpeting is the most common covering, but more and more people are installing hard surfaces such as wood, imitation wood, ceramic tile, marble, etc. However, what is usually someone’s floor, is also their downstairs neighbor’s ceiling. This is a classic case of rights in conflict; someone’s aesthetics in conflict with someone else’s right to quiet enjoyment of their home.
First, it is important to review the covenants, rules and architectural control guidelines to see if carpeting is specifically required. If so, to permit other types of floor coverings would require an amendment to the covenants to vary this provision.
Second, even if carpeting is required, in many buildings constructed with bare minimum noise abatement techniques, carpeting alone is not sufficient. Therefore, it is worthwhile for the board of directors to engage the services of a specialist to draft specifications for padding and noise abatement materials for soft or hard surfaces. Anyone wishing to change their floor covering would have to comply with the board mandated specifications.
Contemporary decorating preferences in many properties include hard surface flooring, and it is best if the board takes the initiative, rather than having to field complaints and address it after the fact.
What if a request is made for hard surface flooring for other reasons beside beautification, such as allergies. Carpeting is known to trap dust and other bacteria that lives in the air. An argument could be made that this constitutes a "handicap" under the legal definition and a board would be obligated to make reasonable accommodations.
Therefore, even when the declaration is specific about "carpeting" and floor coverings, the needs of a person with a bona fide health problem should be accommodated, so long as it is documented and stringent noise abatement and insulation specifications are adhered to.
Finally, another problem we see at many buildings built in the ‘70s and ‘80s is the concrete layer poured over the wood floor for sound-proofing and fire protection. In condominiums, where the association is responsible for maintaining the common elements, this would include all parts of the structure such as the framing, foundations and floors. When a liquid cement or mastic is poured over a wood floor, which is structural, by definition this concrete surface is an interior surface similar to drywall/sheetrock on the walls. Since Section 4.1(a) of the Illinois Condominium Property Act distinguishes between "floor covering," "finished flooring," "materials constituting any part of the finished surfaces" and "all other portions of such...floors," it is important to investigate the specific facts before coming to a conclusion.
Many of these types of floors appear to be part of the common elements, but are in reality part of the unit and, therefore, the individual owner’s responsibility. If there is repair/restoration required in such instances, it may be a covered risk under the owner’s insurance policy.
When considering issues relating to floors and floor coverings, there is no end to the different scenarios, because every home has a floor. In fact, there is no "bottom" to the number of problems.