Own Condo Bylaws provided if upstairs owner changes floor to hard surface from rug and pad notice must be given to downstairs owners affected before Board can approve. This was not done and sound transmission increased 4 fold per sound testing. Floor installed was with inferior soundproofing. Was forced to sue to compel correction or damages for diminished value of my unit and loss of quiet enjoyment. Sued Board, Manager and owner of above unit. After almost two years of litigation during which I incurred over $20K of attorney fees and expert fees, at last minute before trial insurers wanted to settle I wanted flooring and sound proofing of higher sound attenuation they ultimately agreed to settle for $30800.00 and I paid for flooring change in above unit and remainder was to recover back atty/expert fees and costs which produced net of $ 2000 for loss of quite enjoyment until upgraded flooring installed. No claim for loss of income or personal injuries or medical expenses. If the settling insurers issue a 1099 how do I report this as I do not consider it income which should be taxable. Can I offset cost or floor replacement in above unit and my costs in getting resolution?
