Legal Question in Real Estate Law in California

Your question is confusing because generally an easement is part of the deeds to the two properties, not a part of the CC&Rs;. It would be pretty unusual for the HOA to have any actual governing control over the issue. In any case, the governing issue is "reasonable," because that word (in the absence of a notice provision) is what governs when and under what circumstances you can enter the easement. Clearly you and your neighbor disagree as to what is reasonable. Whether the HOA has any jurisdiction or not, they at least provide you with an advisory opinion of a sample of your peers that 24 hours notice is reasonable. I doubt you would find a jury that would agree that entering your neighbor's property any time you feel like it without any notice would be reasonable. Bear in mind that this easement runs with the land in perpetuity, and will exist long after you and your neighbor no longer own the properties. So "reasonable" is determined by the average homeowner, not what is reasonable to your personal circumstances.

If you want to put that to the test, you can file an action for interference with the easement and see what an actual jury says. My best bet, however, is that a lawyer for your neighbor would be successful in persuading a jury that it is reasonable to expect a neighbor who wants to exercise easement rights can plan repair and maintenance projects at least 24 hours out, and that your neighbor is only obligated to give you "on the spot" access in case of emergency.