As Accessory Dwelling Units (ADUs) grow in popularity across California, many homeowners are curious about how their Homeowners Association (HOA) might affect the building process. Can an HOA prevent ADUs from being built? Fortunately, recent legislation in California has made it easier for homeowners to construct ADUs without being obstructed by restrictive HOA rules.
While HOAs once had the power to impose stringent guidelines or even prohibit the construction of ADUs, the new California state ADU laws ensure that your HOA can’t stop you from building a granny flat on your property. However, there may still be reasonable design restrictions that require approval, such as ensuring your ADU’s appearance matches the main house. Keep reading to learn how to navigate HOA approval and build your ADU in compliance with state law.
Understanding California ADU Laws and HOA Restrictions
Can an HOA Prevent an ADU in California?
Thanks to recent California legislation, homeowners no longer need to be concerned about their HOA preventing their ADU project. Before this change, HOAs could either directly restrict ADU constructions via the homeowner’s Covenants, Conditions & Restrictions (CC&Rs) or indirectly make the process prohibitively expensive and time-consuming.
However, the new ADU law now renders any HOA stipulations that effectively block or unreasonably limit the construction or use of an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) on single-family residential-zoned lots as invalid. Consequently, your HOA can’t create undue obstacles that prevent you from building your ADU.
California State Laws Protecting ADU Builds
HOAs are designed to manage and maintain certain standards in communities, but California’s ADU laws ensure that HOAs cannot prevent the construction of an ADU. AB 670 now makes any HOA rules that prohibit ADUs invalid. However, HOAs can still impose reasonable restrictions, such as ensuring that your ADU’s exterior matches the main residence. These restrictions should not add significant additional time or expense onto the ADU build, and the majority generally deal with the aesthetics of the unit.
The California Housing and Community Development Department (HCD) has stated, “Specifically, CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU on such lots are void and unenforceable (Civ. Code § 4751). HOAs of subdivisions or tracts outside of planned developments may not enforce CC&Rs and operating rules “contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of real property that either effectively prohibits or unreasonably restricts” ADUs and JADUs that comply with State ADU Laws. (Civ. Code § 714.3).”
Further from the HCD, “While Associations may impose more subjective standards on an ADU or JADU than local agencies per se, such as materials, architectural styles, or other subjective aesthetic standards, those standards must not extinguish the ability to otherwise create an ADU according to local ordinance or State ADU Law (Gov Code, § 65852.2, subds. (a)(1)(B), (a)(3)(A) and (e)(1); § 65852.22, subd, (a)(1); Civ. Code, §714.3).”
How HOA Restrictions Apply to ADUs
HOAs can impose reasonable restrictions on ADUs. These generally relate to aesthetics rather than preventing construction altogether. For example, many HOAs require that the ADU’s architectural design – such as windows, stucco, and roofing – match the primary residence and align with the overall neighborhood appearance.
In areas like Poway and Rancho Santa Fe, for instance, HOAs may enforce specific architectural standards where the ADU must match the main house. This could mean upgrading to materials like tile roofing or board and batten siding to meet the community’s aesthetic requirements. While these upgrades add additional costs, they typically fall within the bounds of what HOAs can reasonably request under California law. Snap ADU can provide estimates for any necessary upgrades.
How to Get Your ADU Approved by Your HOA
To ensure your ADU project goes smoothly with your HOA, follow these key steps:
Step 1: Review Your HOA’s Covenants, Conditions & Restrictions (CC&Rs)
As part of the ADU feasibility & design process, it’s essential to review your HOA’s Covenants, Conditions & Restrictions (CC&Rs). These documents outline what is allowed within the community and may include guidelines related to design, materials, or even where an ADU can be placed on the property. Typically, the HOA will request that the ADU’s exterior match the existing home’s materials (e.g., roof type, siding).
It’s important to have an ADU design expert review these restrictions to understand which will be relevant to the build. In some cases, HOA requirements will be invalidated by state and local ADU laws.
Step 2: Submit Architectural Plans for HOA Review
Fortunately, the same set of architectural plans submitted to the jurisdiction for building permits can typically be used for your HOA submission, streamlining the process and minimizing redundancy. There are two ways to handle the submission process:
- Submit concurrently to the HOA and municipality: Submitting to both the HOA and city at the same time can save time but carries the risk that the HOA may request changes that must be reflected in the city-submitted plans, which could delay the process.
- Submit to the HOA first, then the city: This method allows for feedback from the HOA to be incorporated before sending plans to the city, reducing the likelihood of conflicting revisions. This sequential process may speed up approvals but could extend the overall timeline slightly.
Step 3: Plan for Design Adjustments Based on HOA Feedback
In some cases, your HOA may request revisions to your plans. Snap ADU is well-versed in making design adjustments to meet HOA standards without compromising your vision for the ADU. These changes can be efficiently handled during the plan revision process required by the municipality.
Common HOA Restrictions and How to Handle Them
Must an ADU match the main residence?
Yes, one of the most common HOA restrictions is ensuring that the ADU’s exterior design matches the main residence. This may include elements such as matching roof materials, siding, stucco color, and window style. These requirements are considered reasonable under California’s ADU laws, as they aim to preserve the architectural harmony of the community without significantly increasing the build cost or timeline.
Can an HOA require that ADUs only be attached to the main residence?
State law explicitly allows for both attached and detached ADUs, as outlined in Government Code section 66323. This code specifies that ADUs can be either attached to the primary dwelling or detached and located elsewhere on the same lot. Therefore, if an HOA tries to mandate only attached ADUs, it could be argued that this constitutes an “unreasonable restriction” under state law, particularly if it significantly increases construction costs or limits the homeowner’s design options.
While HOAs can set certain guidelines, they cannot impose rules that make building a detached ADU excessively difficult or costly. If you’re facing this issue, it may be worth discussing with your HOA to clarify whether their restrictions are reasonable, and if necessary, seeking guidance on how state laws protect your right to build the ADU of your choice.
Am I limited on the size ADU I can build based on HOA restrictions?
No, HOA restrictions cannot limit the size of your ADU if it complies with California state laws and local zoning ordinances. For example, state law allows for an ADU up to 850 square feet for a one-bedroom unit or 1,000 square feet for a two-bedroom unit, with 4-foot setbacks from the side and rear property lines. HOAs cannot impose stricter size limitations than what is allowed by state law, ensuring that homeowners can fully utilize their property to build an ADU that meets their needs.
Can an HOA require story poles?
We have seen some instances where the HOA has requested installation of story poles. In reality, there is not much that a complaint by a neighbor can do, as state regulation regarding ADUs means that they are allowed in HOAs. In most cases clients have gone ahead and installed the story poles, as it was the cheapest and least time-intensive path… they are typically $2-4K to install.
From the HCD, “Unreasonable costs might include, but would not be limited to: substantial delays, re-applying for a building permits, re-payment of substantial fees for an ADU relative to the project’s final costs, requiring major structural elements that would extinguish the investment, or other considerable costs that would effectively prohibit by the forgoing of the ADU or JADU development from being constructed or leased, as declared by a property owner whose separate interest is impacted by the actions of an association or their representatives or agents.”
What to Look for in a Contractor for Your HOA-Approved ADU
Choosing the right contractor is essential for navigating both HOA regulations and state ADU laws. Here’s what to consider:
Experience Navigating HOA Regulations
A contractor experienced in working with HOAs will know how to comply with both HOA guidelines and municipal requirements. They should understand the complexities involved in getting an ADU approved while meeting all design restrictions. Sometimes, HOAs or city officials request items not required by state ADU laws—this is where experience really counts, as a good contractor will know when and how to push back.
Familiarity with California ADU Laws
It’s crucial to work with a contractor who is up-to-date on California ADU laws. These laws override many restrictive HOA regulations, but navigating the nuances can be challenging. A knowledgeable contractor will know how to balance state compliance with HOA restrictions, ensuring a smooth approval process. Familiarity with local interpretations of state laws is essential to advocating for the homeowner’s rights when unnecessary or prohibited requests arise.
Strong Communication with Homeowners and HOAs
Good communication is key to keeping your project on track. Your contractor should maintain clear, ongoing communication with both homeowners and HOAs to ensure that design plans meet all requirements and that any requested revisions are handled promptly. This proactive approach helps avoid delays and keeps everyone in the loop throughout the approval process. Moreover, a contractor who can advocate on your behalf can ensure the project stays on track even when unexpected challenges arise.
Advocating for the Homeowner
At times, both cities and HOAs may make requests that are beyond what is required by state ADU laws. A great contractor will advocate for you when such situations occur, ensuring that your project isn’t delayed or burdened with unnecessary costs. For example, if an HOA demands a design element that isn’t required by law, your contractor should be able to negotiate or push back, using their expertise in ADU regulations and previous experience with similar cases.
SnapADU’s Experience with HOAs in San Diego
We have extensive experience ensuring that your ADU meets both HOA aesthetic standards and California state regulations. We’ve navigated a wide variety of scenarios and can expertly guide you through the approval process. Feel free to explore our photos and videos of completed ADU projects in HOA communities.
Our process begins with a Feasibility Study, which includes a site plan, floor plan, and elevations with material callouts that typically match the existing home. In many cases, this is sufficient for HOA approval. However, some HOAs may require specification packets or full construction drawings, which we provide as needed.
We generally recommend submitting plans to both the HOA and the city concurrently to streamline the process. This allows us to address any design changes from the HOA during the plan revision phase with the municipality.
Finalizing as many design selections as possible before submission helps minimize delays. While HOAs typically don’t request structural plans, we’re prepared to make any necessary changes and keep you updated throughout the process. HOA reviews typically take 30-45 days, and we ensure this timeline is factored into your overall project schedule.
Video: Two Story ADU in an HOA in San Diego, California
FAQs on ADUs in HOAs
Can an HOA block my ADU build in California?
No, California law prohibits HOAs from blocking ADU projects. However, they may impose reasonable design restrictions to ensure the ADU aligns with community standards, such as matching the main residence’s appearance.
How long does the HOA approval process take for an ADU?
The HOA should respond in the same timeline as the city, so not more than 60 days to act on an application. Again from the HCD, “Associations that preempt or otherwise interfere in the permitting process at the local agency or require approval of an ADU after the permittee has obtained building permits are acting as a Permitting Agency. Therefore, such an application must be created or served pursuant to Government Code section 65852.2, subdivision (a)(3)(A) and must be approved or denied within the same 60-day timeline, with the same requirements to provide for approvals and denials, including but not limited to comments that would remedy the application’s denial, and an application being deemed approved if the agency fails to approve or deny within the specified timeframes.”
Read more about the overall timeline for designing, permitting and building an ADU.
What are reasonable HOA restrictions for ADUs?
HOAs may enforce reasonable restrictions related to the aesthetic design of the ADU, including requirements that the windows, stucco, and roofing match the main house. These restrictions are generally intended to maintain the community’s architectural uniformity and should not impose excessive costs or delays.
Can an HOA charge additional fees for ADU approval?
HOAs may charge architectural review fees to assess the proposed design of the ADU. However, these fees must be reasonable and cannot significantly increase the overall cost of the project.
Can I build a detached ADU in an HOA community?
Yes, California state law allows for both attached and detached ADUs. HOAs cannot impose restrictions that would prevent you from building a detached ADU as long as it complies with state regulations.
What if I own a condo and want to build an ADU in my portion of the property?
These are very sticky situations where it’s legally murky as to what is allowed. Legally you can build up to two ADUs on a multifamily parcel. The question is whether the other condo owners are also OK with it, since they likely collectively own the common spaces. Building an ADU would likely require the various owners in the HOA to authorize the ADU in the common area, unless there is something else written in the Covenants, Conditions & Restrictions (CCRs). The ADU laws are so new that we are often seeing cities interpret the code for the first time, which means it’s important to work with an ADU partner that can effectively advocate for your project.
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The insights shared in this article stem from our vast expertise in the field, encompassing hands-on experience in design, development, and construction. While we are committed to delivering accurate and current information, it’s crucial to recognize the dynamic nature of the ADU space, which may lead to changes that could affect the details covered in this blog.
SnapADU strives to empower our readers with valuable insights and practical knowledge to navigate the continually evolving landscape of accessory dwelling units. We invite you to connect with our experts for personalized guidance and to remain informed about the latest advancements in the field. By staying engaged with us, you can ensure that you’re equipped with the most up-to-date information to make informed decisions in your ADU journey.
Very recently, Governor Newsome signed AB 1033 that would allow selling ADU’s constructed on your single family home parcel. If HOA’s cannot restrict building ADU’s can they restrict selling the ADU’s once constructed? Also, how many units can you construct on your property?
For selling ADUs (condo mapping), first a local jurisdiction would need to pass an ordinance allowing this. Depending on the language used, HOAs may or may not have authority over this kind of decision.
For number of ADUs allowed on your property, it will depend on your zoning and jurisdiction. Single family properties may build one ADU and one JADU. Multi family may build two detached ADUs and convert existing non-habitable space. And in City of San Diego, you may be able to build bonus ADUs as well.