Condo Damage Attorney – HOAs Do Not Have the Authority To Deny Physical Access To a Separate Interest

Gholian Law’s Los Angeles HOA Dispute Attorneys were recently charged with interpreting a portion of a Homeowners Association Rules. Specifically, our team examined whether an HOA holds the authority to deny access to a homeowner’s separate interest as a means of leverage to collect past due homeowner’s assessments.

The answer is a resounding no. An association cannot not deny a fellow member or resident occupant physical access to that member or occupant’s separate interest. And this includes restricting access through the common area to the separate interest or restricting access solely to the separate interest. See Cal. Civ. Code § 1361.5; (Cal. Civ. Code § 4510 as of January 1, 2014). The only exception would be if the HOA is acting in accordance with a court or binding arbitration order, or according to a specific legal statute.

An HOA holds the authority to restrict access to common areas and amenities, unless such restrictions results in restricting access to a homeowner’s separate interest. If a homeowner is denied access to separate property by an HOA, this would support a private nuisance claim for damages that include loss of rental value and possibly more.