State law in California now makes it harder for HOAs to block homeowners from building small living units on their property. Under Assembly Bill 670, HOAs can’t outright ban these extra units, though they can still make rules about how they should look. To build one, homeowners need both city permits and HOA approval. These units usually run between 800 and 1,200 square feet. They can’t be taller than 16 feet, and must be at least 4 feet from property lines. Knowing these rules helps ensure a smooth building process.
Key Takeaways
- California state law overrides HOA restrictions on ADUs, preventing HOAs from completely prohibiting ADU construction on your property.
- HOAs can only enforce reasonable aesthetic standards and basic design requirements that align with neighborhood character.
- Homeowners can build both a standard ADU and junior ADU, with maximum size typically between 800-1,200 square feet.
- HOAs must process ADU applications fairly and cannot impose additional lot size requirements to block construction.
- Legal remedies exist if HOAs violate state laws, including mediation, arbitration, or court action to invalidate unfair restrictions.
Recent Changes in California ADU Laws Affecting HOA Communities
California’s rules about building small homes on existing properties have changed a lot since 2020, making it harder for homeowners associations (HOAs) to stop these projects.
Under Assembly Bill 670, HOAs can no longer put unfair limits on building these extra units, known as ADUs, on single-family home lots.
These changes have made it more difficult for HOAs to enforce their rules, especially when it comes to reviewing building plans and following their community guidelines.
While HOAs can still set basic rules about how ADUs should look, they can’t completely ban them or make it too hard to build them.
The state now also requires HOAs to look at different ways homeowners might pay for these projects, making it easier for more people to add these extra living spaces to their properties.
Understanding HOA CC&Rs and Their Impact on ADU Development
California homeowners seeking to build ADUs must carefully examine their HOA’s CC&Rs to understand specific development restrictions and architectural requirements that may affect their projects.
The formal review process typically involves submitting detailed plans to the architectural committee and securing necessary approvals before proceeding with construction.
Modifying existing CC&Rs to accommodate ADU development usually requires a supermajority vote of HOA members, though recent state laws have limited HOAs’ ability to completely prohibit ADU construction.
CC&R Review Process
Getting and following HOA rules (CC&Rs) is key when building an ADU in neighborhoods with homeowners associations.
First, owners need to get copies of these rules from their HOA board or property managers.
Owners must read these documents closely to find any limits on ADUs, building design rules, and what approvals they need.
These rules matter a lot because breaking them can lead to expensive court battles.
When problems come up, owners can try working things out through talks with their HOA board before going to court, often finding ways that work for everyone.
Governing Document Modification Requirements
To change HOA rules for ADU construction, owners must follow rules set by state law and their HOA’s own guidelines.
The process usually needs a written plan, HOA board approval, and a vote by members. In California, changes need support from at least 67% of members to pass.
Steps include giving proper notice, writing down all changes clearly, and filing papers with the county. Some HOAs may require more votes or extra steps.
It’s best to work with a lawyer to make sure changes follow state rules and fit properly with existing HOA rules so they can be enforced.
When State Law Overrides HOA Restrictions for ADUs
State law changes have greatly changed how HOAs can control ADU building in California. The state now blocks many HOA rules that used to stop or make it too hard to build ADUs. This applies to ADUs that are attached to homes and those that stand alone, giving homeowners the right to add more living space.
Homeowners with single-family houses can now build both a regular ADU and a smaller junior ADU, even if their HOA rules say they can’t. HOAs can’t stop ADUs by requiring large lot sizes. When homeowners submit their ADU plans, HOA review boards must look at them within 60 days.
HOAs still have some control – they can set fair rules about how far ADUs must be from property lines, how tall they can be, and how they should look. But these rules can’t be so strict that they block ADU building completely.
Key Design and Construction Requirements for HOA-Governed ADUs
California ADUs in HOA communities must conform to specific dimensional requirements, including maximum heights of 16 feet and floor areas between 800-1,200 square feet depending on the number of bedrooms.
Properties must maintain minimum setbacks of 4 feet from side and rear lot lines while adhering to spacing requirements between structures as dictated by local fire codes.
All ADU construction within HOA developments must meet current California Building Code standards for residential dwellings, including requirements for foundations, structural integrity, electrical systems, plumbing, and energy efficiency.
Size and Height Limits
Size and height rules are important to know when building an ADU in neighborhoods with HOAs. California law says HOAs must let homeowners build ADUs that are at least 800 square feet.
The height rules usually match what the local area allows. Size rules can change based on how big your lot is and what buildings are already there.
- ADUs with one floor can usually be up to 16 feet tall, which helps them fit in with nearby homes.
- Stand-alone ADUs are often limited to 1,200 square feet of living space.
- ADUs built onto the main house can’t be bigger than half the size of that house.
These rules help keep neighborhoods looking good and help protect home values in HOA areas.
Required Setbacks and Spacing
Setbacks and spacing rules are important when placing an ADU in HOA neighborhoods. California sets specific setback rules, but HOAs can still create reasonable spacing requirements between buildings.
| Location | Minimum Setback |
| Front | Per HOA rules |
| Side | 4 feet |
| Rear | 4 feet |
| Primary | 10 feet |
| Corner | Per local code |
These rules make sure buildings are far enough apart to keep everyone safe and give them privacy. They also help keep the neighborhood looking nice. HOAs can add their own spacing rules as long as they don’t make it too hard to build ADUs under state law.
Building Code Compliance
While homeowner groups can set rules about how ADUs look, all ADUs in California must follow state building codes and safety rules.
Getting building permits and having inspections makes sure the ADU is strong, livable, and safe. These rules cover all the important parts of building and design.
Main areas that must meet requirements:
- Electrical work with working circuit breakers, proper grounding, and enough outlets as required by California’s rules for electricity
- Fire safety items like smoke alarms, carbon monoxide detectors, and windows big enough to escape through
- Plumbing that meets standards for water pipes, drains, and air flow
City and county building offices check that these rules are followed by doing required inspections while the ADU is being built.
Permitting Process: Navigating Both HOA and Municipal Approvals
Getting approval to build an ADU in an HOA community means working with both the city and your homeowners association.
You’ll need building permits from your local government and approval from your HOA’s design review board. While state rules set clear deadlines for city permits, HOAs can set their own review times.
Start by looking at your HOA’s rules and building guidelines before you ask the city for permits.
HOAs often want to see building plans, detailed specs, and reports on how the ADU might affect neighbors.
Working on both approvals at the same time helps avoid holdups and makes sure HOA rules match up with city building rules.
Common HOA Restrictions That Still Apply to ADU Projects
Despite California’s ADU-friendly laws, HOAs retain authority over specific aspects of accessory dwelling unit projects through their established covenants, conditions, and restrictions (CC&Rs).
Common HOA restrictions include architectural design standards that maintain neighborhood aesthetics, minimum parking space requirements beyond municipal codes, and rules governing rental usage and tenant screening.
These restrictions must comply with state ADU laws while allowing HOAs to preserve community standards and property values through reasonable regulations.
Architectural Design Standards
HOAs still have much control over how ADUs look, even with California’s newer, more flexible laws. While homeowners now have more freedom to build ADUs, they need to make sure these units fit in with how their neighborhood looks.
HOAs can set fair rules about building materials, colors, and design features that match the main home.
- Outside walls and paint must usually match or work well with the main house
- Roof shape, windows, and building details should look like they belong together
- Gardens and paved areas must blend in smoothly with the neighborhood’s style
These rules help keep home values strong while letting people build ADUs in existing neighborhoods.
Parking Space Requirements
Parking spaces are a key issue when building ADUs in California neighborhoods with HOAs.
While state laws have made ADU parking rules less strict, HOAs can still control how parking is handled in shared areas.
Parking matters because neighbors worry about crowded streets and falling home values.
HOAs usually ask homeowners to show they have enough parking that won’t block others or stop emergency vehicles from getting through.
Problems often come up when new ADUs would take away required parking spots or push cars into shared spaces.
Homeowners need to plan carefully to follow both state ADU laws and HOA parking rules.
Rental Usage Rules
While California law gives homeowners the right to build ADUs, HOAs can still set fair rules about renting these units. These rules must follow state laws that protect renters while keeping neighborhood standards in place.
HOAs usually set rental rules that cover both main homes and ADUs.
- Limits on how many people can live in a unit, based on its size and bedroom count
- Rules about how long someone must rent for, often not allowing short vacation stays
- Steps to check and sign up new renters to keep the neighborhood safe
Before renting out their ADUs, owners need to check their HOA’s rental rules to make sure they follow both the HOA and California housing laws.
Legal Rights and Remedies for HOA-ADU Disputes
If you disagree with your HOA about building or changing an ADU, California law gives you several ways to solve the problem.
You can try working things out through talks with a neutral helper, use an outside decision-maker, or go to court. Under the Davis-Stirling Act, you must first try to fix the problem by sending a written notice and giving the HOA time to respond before taking legal steps.
You can also file a complaint with the state housing office or ask a court to step in. Courts can throw out HOA rules that unfairly block ADUs when those rules go against state laws.
You also have the right to meet with your HOA board to talk about any problems with their decisions about your ADU.
Financial Considerations: HOA Fees and ADU Development Costs
Building an ADU requires careful money planning for California homeowners, who need to think about both building costs now and HOA fees over time.
Smart planning should include all costs like permits, building materials, and possible higher HOA fees.
- Monthly HOA payments might go up to pay for more water, power, upkeep, and shared space use.
- Building costs usually run between $100,000 and $400,000, based on how big the ADU is and what goes into it.
- Starting costs cover building plans, permits, and fees for HOA review.
Owners should keep good money records and work with experts to make sure they follow rules while keeping costs under control.
Property Value Impact: ADUs in HOA Communities
Adding an ADU to a property in an HOA community can affect home values in several ways. When ADUs are well-built and match the main house while fitting into the neighborhood’s look, home values tend to go up.
In California’s hot housing markets, ADUs can add 20-30% to a property’s worth.
But ADUs that are built poorly or don’t follow HOA building rules can hurt the value of both the owner’s home and nearby houses.
To get good results, homeowners need to follow HOA rules while making sure their ADU is useful and looks good within the community’s guidelines.
Best Practices for Working With Your HOA on ADU Projects
Working with your HOA on an ADU project requires good planning and teamwork. Start by talking to your HOA board early, keeping clear records, and staying in touch throughout the process. Good communication helps avoid problems and keeps everyone informed.
Things that help:
- Show clear building plans and time schedules when you first meet with the HOA
- Keep written records of all talks and deals with the HOA board
- Set up regular meetings to fix small problems before they grow bigger
When homeowners and HOA boards work well together, projects are more likely to get approved and run smoothly.
Frequently Asked Questions
Can I Rent My ADU on Airbnb if My HOA Allows ADUS?
You need to check your HOA’s rules to see if you can rent out your ADU for short stays. While your HOA may let you build an ADU, they might not allow you to list it on Airbnb or other rental sites. Your HOA’s paperwork will spell out what you can and can’t do with your ADU.
What Happens to My ADU if I Sell My House?
When you sell your house, the ADU goes with it. You’ll need to share all ADU paperwork and details with the new owner, who then takes over all the rights and responsibilities that come with the extra living space.
Do ADU Tenants Get Access to HOA Amenities Like Pools?
Each HOA has different rules about letting ADU tenants use shared spaces like pools and clubhouses. Some HOAs let tenants use everything, while others say no or ask for extra money. Owners need to check their HOA’s rules to know what their tenants can and can’t do.
Can HOAS Charge Separate Utility Fees for ADUS?
HOAs can charge extra utility fees for ADUs, but only if their rules clearly say they can. These fees must follow local rules about utilities and be split fairly between the main home and ADU.
How Do Property Tax Assessments Change When Adding an ADU?
Building an ADU will usually lead to new property taxes on the extra unit, while keeping the main house’s original tax rate. You’ll pay more taxes based on how much living space you’ve added.
Conclusion
California homeowners in HOA communities must balance their rights under state ADU laws with their association’s CC&Rs. While recent legislation has strengthened homeowners’ ability to build ADUs, success requires understanding both state requirements and HOA regulations. Our team at Ace California Law helps homeowners navigate these complex rules. By following proper steps, keeping clear communication with HOA boards, and meeting all standards, homeowners can effectively move forward with ADU development while maintaining good relationships within their communities.
