HOAs may be liable to homeowners if they prevent or hinder a homeowner's right of ingress or egress.
Homeowners cannot be barred from ingress or egress (right of entry or exit) to their units and cannot be barred from physical access to their units, unless:
1. The HOA has a court order or an arbitration award;
2. Construction is in progress;
3. A hazardous condition exists; or
4. The unit is uninhabitable or red tagged. Civil Code §§ 4505, 4510.
When a homeowner is delinquent in the payment of assessments or fines, and when after a duly-noticed hearing the association suspends the homeowner's privileges, it cannot include suspension of a homeowner's access to his or her residence.
Except as otherwise provided in law, an order of the court, or an order pursuant to a final and binding arbitration decision, 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. Civil Code § 4510.
A similar "lock out" provision can be found in the landlord-tenant laws. Civil Code § 789.3(b)(1). Even though the HOA does not own the unit, California courts have analogized HOAs to landlords and held them to similar standards. Frances T v. Village Green, 42 Cal.3d 490 (1986).
If the unit is being leased out, suspension of a homeowner's privileges automatically extends to the tenant. Notice to a suspended homeowner should also include notice to the tenant.