HOA Obtains Injunction Requiring Floor Covering

Homeowners Association (HOA) Law by Simon Offord, Esq.

The recent case of Ryland Mews v. Munoz dealt with an increasingly common issue in homeowners associations – the installation of hard surface flooring.

Ryland Mews (“the HOA”) sued Munoz (“Homeowner”) in response to Homeowner’s installation of hardwood floors in his unit.

Specifically, Homeowner replaced the carpets in his unit with hardwood floors to accommodate his wife’s severe dust allergy. After the installation, the downstairs neighbors began to experience “sound transfer” through the floor.  They never had any such issue before the hardwood was installed and claimed the noise became “greatly amplified” and “intolerable,” so that that the downstairs neighbors found it difficult to relax, read a book, watch television, or sleep.

The HOA thereafter sued, seeking an injunction and declaratory relief.  The HOA alleged that Homeowner had violated the CC&Rs. The HOA soon after applied for a preliminary injunction, “restraining and enjoining” Homeowner from “[m]aintaining hardwood flooring” and from violating other HOA restrictions.

Homeowner opposed the motion, contending that hardwood floors were necessary in his home because his wife was severely allergic to dust; consequently, removing the floors and installing new floors not only would be expensive but would endanger his wife’s health. Homeowner found the likelihood of plaintiff’s success on the merits to be “questionable” and maintained that no irreparable harm had been shown.

The court agreed with the HOA that the HOA was not demanding that Homeowners “tear up the floors,” but sought only a “proposal through a contractor” for a modification consistent with the HOA rules. The HOA added a request for an interim solution, that throw rugs be placed on 80 percent of the floors outside the kitchen and bath areas. The court found those suggestions reasonable and granted the request.

Homeowner disagreed with the Trial Court’s decision, contending that the court improperly balanced the prospective harm to each party and erroneously concluded that the HOA would prevail at trial. Homeowner appealed.


The Appellate Court affirmed the Trial Court decision.  Specifically, the Appellate Court saw no abuse of discretion in such an order. The Appellate Court held the directive to find a compromise in modifying the flooring, as well as the interim remedy of using throw rugs, reflected a balanced consideration of the circumstances of everyone involved, including the residents below who were adversely affected by Homeowner’s violation of the noise and nuisance restrictions.

The finding that Homeowner’s violation of the HOA rules had resulted in a continuing “great nuisance” for the occupants below was supported by substantial evidence. The evidence clearly supported the court’s weighing of the relative interim harm to the parties and its implied determination that the HOA would ultimately prevail on the merits.


This decision gives homeowner’s associations more confidence and another “sword” to curb violations of CC&Rs, notably seeking an injunction.  This specific issue, installing hard floor surfacing contrary to HOA guidelines, is incredibly common.  This decision will surely lead to aggrieved homeowners or the associations themselves seeking injunctions immediately, rather than waiting for trial to remedy the noise issues.


This was a welcome decision.  The Trial Court avoided making an order that was overly burdensome and required the floors to be removed, or deciding that any order was premature.  Instead, the Court fashioned a very reasonable and balanced injunction that still allowed Homeowner his day in court, but also addressed the HOA’s and the downstairs neighbor’s concerns.  It is encouraging to see judges looking at the bigger picture and making well thought-out decisions the truly strike a fair balance.

Ryland Mews v. Munoz (2015) 234 Cal. App. 4th 705

Latest Posts

Real Estate Contracts & Transactions

Out of Contract? Not So Fast…

by Adam Pedersen, Esq. on August 28, 2018

In the highly-competitive real estate market in California, agents are being more aggressive in enforcing contract terms. So before you tell your client that you are “out of contract”, you might want to be sure the contract is actually cancelled! [Read More]

Landlord & Tenant Law

What a Three-Day Notice to Pay Rent or Quit Really Means

by Brewer Firm Team on September 20, 2018

It is after Labor Day weekend and that means school supplies, summer vacation credit card bills, and preparing for the holidays. With all these added costs, the tenant may not have enough money to pay rent and the landlord serves [Read More]

Real Estate Contracts & Transactions

Can A Buyer Back Out of a Non-Contingent Offer?

by Simon Offord, Esq. on October 2, 2018

In my last article, we discussed liquidated damages in the context of a residential real estate purchase contract.  This article will examine whether a buyer may have a right to back out of a contract and receive their full deposit [Read More]