The information in this article is for educational purposes only and does not constitute investment, legal, tax, or any other advice whatsoever.
Homeowners in California often wonder if their Homeowners Association (HOA) can prevent them from building an ADU (Accessory Dwelling Unit).
With state laws increasingly supporting ADU construction to address housing shortages, it’s crucial to understand how these laws interact with HOA regulations.
The simple answer is that HOAs cannot prevent ADU construction, but they are able to impose restrictions, which can make the whole process a lot more complicated.
What Is An ADU?
An Accessory Dwelling Unit (ADU) is a secondary housing unit located on the same property as a primary residence.
These can either be attached or detached, and are very popular, especially in places like California – mostly due to how flexible they are.
What About HOAs?
HOA stands for Homeowner Association.
HOAs regulate communities and neighborhoods, and they are responsible for creating rules that are followed by all the people in the community.
This usually covers things like landscaping or house color.
If you purchase a house in an HOA, you become a member of the association and are expected to follow its guidelines.
California’s State Laws on ADUs
California has enacted several laws to encourage the construction of ADUs. These laws streamline the approval process, reduce fees, and limit local agencies’ ability to impose excessive regulations.
Key legislation includes SB 1069, AB 2299, and AB 68, which collectively make it easier for homeowners to add ADUs to their properties.
There is also Assembly Bill 670, which prohibits HOAs from banning or restricting the construction of ADUs on their members’ properties.
According to the California Department of Housing and Community Development, these laws aim to alleviate the housing crisis by increasing the availability of affordable housing.
HOA Restrictions on ADUs
Despite state laws favoring ADUs, HOAs can still impose additional restrictions. HOAs may enforce architectural guidelines, set limits on the size and appearance of ADUs, and regulate aspects such as parking and landscaping.
While state laws limit HOAs’ power to outright ban ADUs, they do not eliminate HOAs’ ability to regulate them to some extent.
HOAs can enforce rules that don’t directly conflict with state mandates, and this is a relatively grey area that requires specialist knowledge.
Legal Conflicts Between HOAs and Homeowners
Conflicts often arise when HOA rules seem to contradict state laws.
In such cases, the specific language of state legislation becomes crucial. California Civil Code Section 4751 prevents HOAs from prohibiting the construction of ADUs outright but allows for reasonable restrictions that do not effectively ban their development.
Homeowners facing pushback from their HOAs may need to seek legal advice to navigate these conflicts, as some HOAs can be extremely picky when it comes to adding restrictions to make your life more difficult.
Understanding both state laws and HOA regulations is of utmost importance.
Getting Approval From HOAs
An ADU will still need to be approved by your HOA, which can obviously lead to issues.
One of these is the design requirements or restrictions, for example some HOAs will want all ADUs to match the main house in style.
The plans will be the same for submission to the HOA and the city, so it is only the design considerations that need to be taken into account.
It’s highly recommended to contact a professioanl for assistance with this area.
FAQs
Can HOAs outright ban ADUs in California?
No, California Civil Code Section 4751 prevents HOAs from outright banning ADUs but allows for reasonable restrictions.
What kind of restrictions can HOAs impose on ADUs?
HOAs can enforce rules related to architectural guidelines, size, appearance, parking, and landscaping.
What should homeowners do if their HOA resists ADU construction?
Homeowners should review state laws and HOA rules, and seek legal advice if necessary to resolve conflicts.
Are there examples of successful ADU projects in HOA communities?
Yes, many homeowners have successfully built ADUs by adhering to state laws and negotiating with their HOAs.
Wrapping It Up
HOA regulations can make your life a lot more difficult, especially if you’re planning to build an ADU.
Not all housing associations are bad, and some might just impose smaller restrictions (mostly aesthetic) on your ADU build, but it’s important to be aware of local laws to give yourself the best chance to complete your project.
Legal advice can be helpful in complicated situations.