Can I build an adu in an hoa? The short answer is yes, but the process can be tricky. Here’s a quick breakdown:
- HOAs cannot prevent you from building an ADU but can impose certain restrictions.
- California laws support ADU creation, aiming to alleviate the housing crisis.
- HOAs can enforce guidelines on design, size, and appearance, among others.
In the quest to solve California’s housing crisis, Accessory Dwelling Units (ADUs) have emerged as a practical solution. An ADU is a smaller, self-contained home that sits on the same property as a primary residence. They offer flexibility and economic benefits, serving as rental units or extended family living space. But if your property is part of a Homeowner Association (HOA), you might wonder how this impacts your plans. HOAs create community rules, often relating to property aesthetics and structural changes, potentially complicating ADU projects. Thankfully, recent California state laws, including the influential ones like Assembly Bill 670, have stepped in to ease those problems. These laws ensure HOAs cannot outright ban ADUs, though they can still apply reasonable restrictions.
I’m Michael Kootchick, a seasoned real estate developer based in San Diego. With experience in developing ADUs, particularly within the nuanced framework of HOA and state laws, I aim to simplify these complexities for you. Now, let’s explore how to steer these restrictions and successfully build your ADU.
Can I Build an ADU in an HOA?
Building an ADU in a community governed by a Home Owner’s Association (HOA) is indeed possible, thanks to California’s progressive legislation. However, the journey can be challenging due to the restrictions HOAs can impose. Let’s explore the specifics of California laws and HOA restrictions to help you steer this process smoothly.
Understanding California ADU Laws
California has been proactive in promoting ADU construction to address the housing shortage. Key legislative measures, such as Assembly Bill 670 and Civil Code Section 4751, have been instrumental in this effort.
Assembly Bill 670 prohibits HOAs from banning ADUs outright. This means you have the legal right to build an ADU even if your property is within an HOA community. Similarly, Civil Code Section 4751 ensures that while HOAs can impose reasonable restrictions, they cannot entirely prevent ADU development. These laws are designed to protect homeowners and encourage the creation of more housing options.
HOA Restrictions on ADUs
While state laws protect your right to build an ADU, HOAs can still enforce certain restrictions. These are often related to maintaining the community’s aesthetic and architectural standards.
- Reasonable Restrictions: HOAs can impose rules on the size, height, and placement of ADUs. For example, they might dictate how close your ADU can be to property lines or other structures.
- Architectural Review: Before construction, your plans typically need approval from the HOA’s architectural review committee. This step ensures your ADU aligns with the community’s overall appearance and standards.
- Aesthetic Guidelines: HOAs may require that your ADU matches the design and style of your primary residence. This could include specific color schemes, roofing materials, or architectural features.