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House committee backs HB 416 to require HOAs to seek permission before entering private property
Summary
House Bill 416 would require homeowners associations to seek permission and establish a mutually convenient time before entering a homeowner’s private property; lawmakers debated exemptions for condos and easements and split on private contract rights vs. privacy protections.
House Bill 416, sponsored on the floor by Representative Jay Hinkle, was recommended for passage in the Committee of the Whole after lawmakers debated homeowner privacy, contractual covenants in HOAs, and practical enforcement concerns.
The bill would require an HOA board or an HOA agent to seek permission from a homeowner before entering private property, to specify the portion of property to be entered, and to seek a date and time convenient to the homeowner. The bill includes an exception for easements of record that specifically benefit the homeowners association and does not change recorded condominium covenants that already grant access to common elements.
Representative Hinkle said he drafted the measure after encountering HOA forms granting “full access” and after constituents reported HOA board members telling homeowners they could enter at any time. Hinkle described the bill as “common sense” protection of privacy that clarifies expectations for both homeowners and association boards.
Opponents described enforcement and contract concerns. Representative Jay Fitzpatrick, speaking from experience as a land developer, called the bill a “gross overreach” that could frustrate covenant enforcement—he cited scenarios such as livestock or accumulation of debris and said requiring permission could impede enforcement of subdivision covenants and fire-prevention measures. Representative Griffith said HOA covenants typically include an explicit sentence granting the board access and that, in practice, condos differ from single-family subdivisions.
Other members asked about notice language. Representative Vinton asked if notice was required; Hinkle replied the bill requires the association to seek a date and time convenient to the homeowner and to specify what part of the property would be accessed. Representative Kelly, citing four years on an HOA board, supported limits on board overreach.
The committee recorded the vote as 60 in favor and 40 opposed; the chair announced House Bill 416 passed second reading in committee.
Why it matters: The bill seeks to balance homeowner privacy with association enforcement authority; discussion highlighted differing views about private contract enforcement (HOA covenants) versus statutory protections for individual property privacy.
Votes at committee: - Committee recommendation on HB 416 (second reading): 60 yes, 40 no (motion carried)
Next steps: HB 416 passed second reading in the Committee of the Whole and will proceed in the House process.
