In California, Can an HOA Legally Prevent You From Building an ADU?

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With the state of the housing market in California in such turmoil, a growing number of people are considering constructing auxiliary dwelling units (ADUs) on their own property. After all, a secondary dwelling unit might provide a place to live as well as a source of income for a parent or adult child who is in severe need. But what if your HOA finds out? Can they prevent you from constructing an ADU?

California Homeowners Associations

In other words, this question does not have a straightforward yes or no response. While HOAs have the authority to make regulations regarding the types of construction authorized inside their communities, they must nevertheless abide by the laws of the states and municipalities in which they are located. California has many limitations in place to protect homeowners’ rights to construct ADUs.

Assembly Bill 2215 of 2016 forbids homeowners’ associations from putting unjustified limits on property owners’ ability to build auxiliary dwelling units (ADUs) on their property. Senate Bill 13, also known as the Accessory Dwelling Unit Act, was approved in 2017 and simplified the licensing process for building ADUs on private property. Finally, under Assembly Bill 2406, which was approved in 2018, HOAs must permit the construction of ADUs up to 1200 square feet in size.

ADUs Are Becoming More Popular

ADUs are small units that share several amenities with the main house. The state of California, where soaring property prices and a scarcity of adequate land have created a desire for more affordable housing options, may be attributed to increased demand for such units. The opportunity to rent out ADUs on a long-term basis allows homeowners to generate income that may be used to pay down mortgages.

Because ADUs are often located at the back of houses or on smaller lots with no buildings, they seldom require new construction or substantial repairs. As a result, in expensive real estate markets, they may be a prudent and cost-effective option for homeowners. In today’s competitive real estate market, adding an ADU might be the answer to your problems. However, before you can get started, you must first comprehend how things are put together.

The Building Techniques Employed

Constructing an ADU may be a time-consuming and labor-intensive process. Investigate the appropriate laws and zoning requirements in your area, as well as the services offered by the builder you’ve chosen, as a first step. Hiring a qualified ADU building company, such as Acton ADU, allows you to work directly with the company’s staff to ensure that your ADU is designed to your specifications. You may rely on their designers’ skills to help you create a bespoke structure that compliments your present house.

Their knowledge and expertise will ensure the longevity of your new ADU. Acton ADU can assist you in realizing your vision for a beautiful and functional ADU, whether you want a simple and minimalist design or an exciting addition to your home’s living area. For additional information on their methods, please click here.

How Do California HOAs Regulate ADU Construction?

When it comes to the establishment of supplementary housing units, homeowners’ organizations in California may be prohibited. Minimum and maximum lot sizes and the prohibition of specific construction materials might be specified. Some homeowners’ associations even have rules on how loud gatherings may be and if dogs are allowed.

Homeowners, on the other hand, have several alternatives for getting around these restrictions. For example, the homeowner may consult with the HOA about the proposed ADU project and seek approval. Alternatively, they might hire an HOA lawyer to fight the property limitations. Homeowners in California who are proactive and follow the proper processes when interacting with their HOA may be able to prevent or minimize issues while establishing an ADU.

How to Find Out If Your Homeowners’ Association Will Allow an ADU

The first step in selecting whether or not to build an ADU on your home is to get permission from your housing association. Before you start building:

  1. Be sure that the HOA regulations in your chosen neighborhood allow for the construction of an ADU.
  2. Visit the HOA’s website or contact a representative directly to learn more about the limitations that apply to you.
  3. Don’t hesitate to get in touch with an ADU-experienced real estate agent; they may be able to shed light on local zoning restrictions and recommend trustworthy builders that specialize in developing secondary structures like ADUs.

Studying and planning for an ADU may help ensure that you have the freedom and resources to construct a space that meets your demands while also complimenting your property’s natural surroundings. As a result, if you’re serious about evaluating if an ADU is a viable option, you should get started right away.

Methods to Get HOA Approval For Your ADU

It is vital to work closely with your HOA while planning the construction of an ADU in the City of Santa Clara, CA. Here are some suggestions to help you go through this procedure as quickly and efficiently as possible:

  • Be forthright and honest in your interactions with the HOA. The more transparent and open you are about your goals, the easier it will be for people to comprehend where you’re heading. As a result, they are more likely to provide their blessing and acceptance.
  • Investigate all zoning and planning regulations thoroughly. Prior to beginning the process, you must be informed of the limitations set by your HOA since your HOA may have criteria or limits that must be satisfied in order for your project to be authorized. It’s also a good idea to consult with a professional architect or builder to verify that your ADU is code-compliant.
  • It would help if you aimed for a good starting point in terms of expectations. It is crucial to refrain from being unduly wedded to a certain design or concept before gaining HOA clearance since this may limit your ability to work closely and successfully with them during the application process. If you have an open mind, you’ll have a far better chance of finding common ground with your association and creating a strong relationship with them.

Final Thoughts

Even if your HOA isn’t thrilled with the concept, they will normally only be able to prevent you from constructing an ADU if you follow all of the laws. California has many limitations in place to protect homeowners’ rights to construct ADUs. Your HOA should only object to your suggestions if they violate the guidelines. Acton ADU can assist you in determining the best strategies for making them pleased, so don’t hesitate to contact their experts.