HOAs Cannot Deny Physical Access To Separate Interest

Our Los Angeles Real Estate Attorneys were recently asked to analyze and interpret the rules regarding a Homeowner’s Association’s authority or ability to deny access to a homeowner’s separate interest in an attempt to collect past due assessments or in response to a homeowner’s failure to pay assessments.

Unless the HOA is acting pursuant to a court order, arbitration order or by law, an association may not deny a member or occupant physical access to the member’s or occupant’s separate interest, either by restricting access through the common area to the separate interest, or by restricting access solely to the separate interest. See Cal. Civ. Code § 1361.5; (Cal. Civ. Code § 4510 as of January 1, 2014).

An HOA may restrict access to common areas or restrict access to amenities, however, an HOA may not restrict access if said restriction results in restricting access to a homeowner’s separate interest. Should a homeowner be denied access to separate property, then such conduct by the HOA may support claims for private nuisance wherein damages include loss of rental value and other damages.

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