My question involves a condominium located in the State of: Texas
I have lived in a 800+ unit luxury high rise condo for 6 years (concrete walls; very soundproof). Someone in the unit above me has installed a hardwood floor above me. It seems they did not install underlay that would cause sounds to not come into my unit below them. As a result, even chairs moving upstairs are amplified in my condo (people on the phone with me can even hear it. What makes it worse is that this person seems to have a late night job & comes home at 12:15 AM or 2:15 AM every night (I am a deep sleeper but am awakened by high heels walking above me, things dropping, etc).
I have contacted the Management Company GM a few times. At first, I was told it was impossible to hear anything (trust me, it's not!); there is a foot of concrete between floors. Now he is saying he's trying to work with her (is not quite as bad, but still bad enough that I'm woken up several times per week in the night, & when I'm home in the day, it's awful hearing all the scraping, banging above me, amplified in my unit).
Just this month, there is a new condo bylaw they're trying to get passed, requiring our 1st Mortgagor's approval: "Requiring use of new generation sound deadening floor underlayment and sheet rock in any future remodeling projects to further isolate our units." So, it seems that it's acknowledged that it causes a problem (I've since heard it's a problem for a few other units, too, where someone has installed the hardwood but not the underlay). This bylaw will apply for future units.
With or without the above bylaw, am I legally able to require the unit above me to rip out their hardwood & reinstall with a noise cancelling underlay? What are my options? I will lose $ if I try to sell my place now (& will create an enemy with anyone else who tries to live here!), and I can't rent it out because no tenant will be ok with the sound from above... Do I have any options??