When Can an HOA Enter a Unit?

HOAs generally have limited authority to enter a homeowner’s unit, but there are circumstances where access is legally justified:

Emergency Situations

If an issue threatens immediate harm to the property or residents (e.g., a gas leak, flooding, or fire), the HOA can typically enter without prior notice.

Necessary Maintenance or Repairs

When repairs impact common areas or shared utilities (such as plumbing leaks affecting multiple units), the HOA may have the right to access the affected unit.

Compliance with Governing Documents

If the HOA’s governing documents include provisions allowing for inspections, the HOA can enter under those guidelines.

Court-Ordered Entry 

If a homeowner refuses entry despite a legitimate need, the HOA may need to pursue legal action to obtain access.

Best Practices for HOA Unit Access

To minimize conflicts and legal risks, HOAs should follow these best practices when accessing units:

Provide Proper Notice

Unless it’s an emergency, always provide written notice as required by the community’s governing documents and state law.

Clearly Define Access Rights in Governing Documents

The HOA’s CC&Rs (Covenants, Conditions & Restrictions) should specify the situations, procedures, and limitations for unit access.

Document Everything

Keep records of notices sent, homeowner responses, and reasons for entry to protect the HOA from legal challenges.

Work with Legal Counsel if Homeowners Refuse Entry 

If an owner repeatedly denies access, the HOA may need to seek a court order or legal intervention to gain entry.