Building an Accessory Dwelling Unit (ADU) can be a game-changer for homeowners, offering additional income, space for family, or a more affordable housing option. However, homeowners’ associations (HOAs) sometimes impose restrictions that complicate or even prevent ADU development. The good news is that recent changes in California’s ADU laws strengthen homeowners’ rights, limiting the power of HOAs to restrict ADU projects.

This guide explains what to do if your HOA is trying to block or restrict your ADU plans, including your legal rights, steps you can take, and how to move forward.

California Law on HOA Restrictions for ADUs

Under California Civil Code Sections 714.3 and 4751, homeowners’ associations cannot enforce covenants, conditions, and restrictions (CC&Rs) that effectively prohibit or unreasonably restrict the construction of ADUs or Junior Accessory Dwelling Units (JADUs) on lots zoned for single-family residential use. These laws ensure that ADU development remains accessible while allowing HOAs to impose reasonable objective standards.

Examples of HOA restrictions that are prohibited:

• Banning ADU construction outright.
• Imposing unreasonable costs or delays.
• Requiring neighbor approval for ADU projects.
• Mandating design or structural changes that make the ADU project infeasible.

Permissible restrictions include objective standards, such as:

• Aesthetic or design requirements that are reasonable and uniformly applied.
• Guidelines for building materials or colors to match the primary dwelling.

Steps to Take If Your HOA Restricts Your ADU Project

1. Understand Your Rights Start by familiarizing yourself with California’s ADU laws and protections against HOA overreach. Key points include:

• HOAs cannot impose restrictions that unreasonably increase the cost or complexity of constructing an ADU.
• The law guarantees ministerial approval for compliant ADU projects, bypassing discretionary reviews.

2. Review HOA Guidelines and CC&Rs Carefully examine your HOA’s governing documents to identify the specific restrictions they’re citing. Note whether the restrictions align with the permissible standards outlined in state law.

3. Communicate with Your HOA Engage your HOA early in the process. Provide them with information about the state’s ADU laws and clarify that any unreasonable restrictions may violate California law. This collaborative approach can often resolve conflicts without escalation.

4. Request Written Denials If the HOA denies your request, insist on receiving a written explanation detailing the reasons for the denial. This documentation will be crucial if you need to escalate the issue.

5. Consult Your Local Planning Office California law requires ADU permit applications to be processed at the city or county level. Reach out to your local planning department for clarification and support, as they have authority over ADU permits.

6. Seek Legal Advice If the HOA continues to impose unreasonable restrictions, consult a real estate attorney who specializes in ADU laws or HOA disputes. They can help you assert your rights and, if necessary, pursue legal action.

7. Contact the Housing Accountability Unit The California Department of Housing and Community Development (HCD) has a Housing Accountability Unit that monitors compliance with state housing laws, including ADU legislation. You can submit a complaint to HCD if your HOA is unlawfully obstructing your ADU project.

Frequently Asked Questions

Can my HOA stop me from building an ADU if it’s allowed by local zoning?
No. HOAs cannot impose restrictions that effectively prohibit or make ADU construction unreasonably difficult. They must comply with state law, which prioritizes housing development.

What happens if my HOA delays the approval process?
California law mandates that ADU applications must be approved or denied within 60 days by the local permitting agency. HOA delays cannot interfere with this timeline.

What should I do if my HOA requires neighbor approval for my ADU?
Neighbor approval is not a valid requirement under state law. You can challenge such a condition through legal channels or by reporting it to HCD.

Conclusion

California’s ADU laws are designed to empower homeowners, streamline the development process, and prevent unreasonable restrictions from HOAs. If your HOA is imposing barriers to your ADU project, you have options to protect your rights and move forward. By understanding the law, seeking support from local planning offices, and leveraging legal resources, you can overcome these challenges and unlock the potential of ADU development on your property.

If you’re unsure how to proceed, consult a professional familiar with ADU laws or reach out to the Housing Accountability Unit for assistance.