Legal Question in Real Estate Law in California

The Fourth Amendment prohibition against unreasonable searches and seizures would probably prevent a government entity (e.g., the police, a city building inspector) from making such a search without a warrant. However, the Fourth Amendment only applies to government entities. In my view, a condo board could pass such a rule and make such inspections without violating your constitutional rights.

The question then arises whether it is a trespass or an unlawful entry. I am inclined to think not, so long as no force is used to gain entry and the search is conducted upon a reasonable belief that there is a leak to be found and fixed. I could be wrong.

Since a water leak would also damage other units in the condo, unless there is only one condo per building, but certainly would cost the other condo members a significant amount of money [and if the water pipes serve more than one unit they are the responsibility of the HOA when they are outside a unit's boundary], it certainly seems reasonable that after giving reasonable notice they be allowed to enter.