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Does the HOA have the right to come onto my property?

As a California homeowner, you cherish your right to privacy and your property rights. It is always frustrating and confusing when you experience a violation of these rights, especially when it comes from your neighborhood or community homeowners' association.

If your HOA came on to your property and fixed an alleged violation of their standards or rules, do you have grounds to take legal action? If you are a homeowner in a difficult situation with your HOA or in a dispute over your rights versus the HOA's authority, it may be beneficial to approach the issues after securing the help and support of an experienced attorney.

The steps your HOA must take

It is possible that your HOA does actually have the right to come onto your property in certain situations. However, that does not mean that the board has free reign to simply walk in your yard and fix violations. The HOA must first do the following:

  • Ensure that the HOA declaration signed by the homeowner allows for entry onto the property to install or remove things, as well as maintain
  • Make it clear which party is financially responsible for any work done
  • Provide appropriate notice, including a hearing if necessary

Skipping any of the steps or approaching the issue incorrectly could indicate a violation of your property rights. It may also be beneficial to find out if the HOA had a court order to come onto your property.

Was there a court order?

When dealing with a complicated situation with a homeowner over a perceived violation, many HOAs will make the effort to secure a court order before coming onto the property or doing any work. Typically, a court order would allow the homeowner a certain number of days to fix any issues before the HOA can come onto the property.

Protecting your rights as a homeowner

If your HOA came onto your property with a court order to do work, the court will not view that action as trespassing. In order to ensure that the HOA respects your rights and possibly avoid further legal complications, you will find it helpful to seek the counsel of an attorney who knows how to advocate for your interests.

A disagreement with your HOA is not only frustrating, it can take away the comfort and peace that come with home ownership. These matters can be extremely complicated, but you do not have to face them alone. By reaching out for help, it is possible that you may find a reasonable and timely solution to a complex legal concern.

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