The previous owner did some remodeling in the condo that I bought 3 years ago in 2013. I'm currently in escrow selling the Condo and in escrow for buying a house. The remodel was done in 2003 and 2007. There is a shower cutout in the common wall shower, done in 2003 the size of the cutout is about 13 x13". This was done by previous owner. She put in a tile floor in 2007 and the HOA is requesting that I prove that the tile is cushioned, as per CC&R, if not I have to rip out the tile, they are also asking that I repair the shower cutout to a flush wall. I close escrow in a week. There is no paperwork from previous owner to prove cushioned tile and it was not disclosed anywhere when I bought the Condo 3 years ago. The HOA president was going through listings online and saw the photos of the tile flooring and the shower, this is how it was discovered, the old listing had been available online for the past three years without HOA board noticing the tile. I may lose the buyer and subsequently lose the new house. What right do I have?
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