Overview
If you live in a California neighborhood governed by a homeowners association (HOA) would you be surprised to learn that your HOA board has the right to go onto your property under certain conditions? If you answered “yes,” you’re not alone. A lot of people have no idea that HOAs have such rights. But, you’ll be happy to know that an HOA’s right to enter onto your property is strictly limited, and an HOA’s right to enter the interior of your property (i.e., inside your home) is even more limited.
Boards may only a homeowner’s property if the HOA’s governing documents explicitly give that right to the HOA, and even then, only under narrow circumstances such as true emergencies, necessary common-area maintenance, or properly noticed enforcement inspections.
This Fact Sheet explains when an HOA can legally enter onto or into your property, the difference between entry onto your lot versus inside your home, what rights you have to notice and privacy, and what to do if your board oversteps.
Key Points
When can your HOA lawfully enter your property? Only if the governing documents explicitly provide such authority, and subject to the following additional limitations:
- Maintenance of common areas. Entry onto your property may be allowed if your HOA is responsible for fences, roofs, or landscaping overlapping your lot, or for maintenance of your exclusive-use common area, such as a balcony. But such access requires advance notice and access only during reasonable hours.
- Actual health and safety emergencies. HOAs may act immediately if there’s an imminent danger such as flooding, fire, or structural failure. Routine issues do not qualify as emergencies.
- Rule enforcement. HOAs may enter onto a member’s property for alleged rule violations, but only after providing advance written notice, including a description of the basis for the inspection. Surprise “inspections” in the absence of a true emergency are illegal.
- Advance notice and hours. Except in genuine emergencies, you are entitled to advance written notice explaining when and why entry is sought. Unless a homeowner provides express consent, outside of a true emergency, inspections must occur between the hours of 8:00 a.m. and 6:00 p.m. (Cal. Health & Saf. Code 17972).
- Consent required. The HOA must almost always secure your consent before accessing your property. If you refuse, the board’s remedy is to seek court authorization, not to force its way in.
- Entry onto vs. entry inside. HOAs may have limited authority to step onto parts of your lot for maintenance or emergencies, but entering inside your home is a different matter entirely. Except in true emergencies involving shared systems (like a burst pipe affecting other units), boards generally cannot access your interior without your consent or a court order.
While an HOA’s governing documents may grant the HOA the right to enter onto (or into) a property for specific purposes, such as addressing safety hazards, enforcing maintenance standards, or ensuring compliance with community rules, such access must be reasonable and not infringe upon the homeowner’s rights.
FAQs
Can my HOA come into my backyard without my permission?
Only if the governing documents give that authority and only for narrow reasons such as common-area maintenance or emergencies. Even then, the board must give advance notice and come during reasonable hours.
Does my HOA have the right to come inside my home?
Almost never. HOAs generally cannot enter the interior of your home without your consent. The exception would be something like a genuine emergency involving shared systems (like a burst pipe leaking into other units). Otherwise, they need a court order.
What counts as a true emergency that allows entry without notice?
Emergencies are immediate threats to health or safety, such as active flooding, fire, or structural collapse. Routine maintenance or CC&R inspections do not qualify as emergencies.
What are the notice and timing rules for HOA entry?
Outside of emergencies, you must be given advance written notice explaining when and why entry is sought. Inspections must occur between 8:00 a.m. and 6:00 p.m. unless you expressly consent to another time (Cal. Health & Saf. Code, § 17972).
What happens if I refuse HOA access when they claim a right to enter?
The board cannot force its way in. If you decline consent, its remedy is to seek court authorization. Unilateral entry without a court order or emergency constitutes trespass, which is illegal.
How can I respond if my HOA enters onto my property without following the rules?
Document the incident, demand an explanation in writing, and consult with us at MBK Chapman. Depending on the facts, you may have legal claims against your HOA.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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