Can My HOA Really Stop Me From Building an ADU in California?

As the housing situation in California deepens, a growing number of people are looking into ways to build accessory dwelling units (ADUs) on their properties. After all, an ADU may provide much-needed extra income or accommodation to aging parents or adult children. What if your homeowners’ association (HOA) learns of your plans? Can they really stop you from building an ADU?

Homeowners Associations in California

This question does not have a simple yes or no answer. While HOAs have the right to control the type of development that can take place in their community, they are constrained by state and local regulations. In California, there are various statutes that protect homeowners’ rights to build ADUs.

For example, Assembly Bill 2215, passed in 2016, prohibits HOAs from needlessly restricting homeowners’ ability to build ADUs on their property. Furthermore, Senate Law 13 (commonly known as the Accessory Dwelling Unit bill) was passed in 2017, making it easier for homeowners to get the permits needed to construct an ADU. Finally, Assembly Bill 2406, which was approved in 2018, allows HOAs to allow homeowners to build ADUs of up to 1200 square feet on their property.

Adus Are Becoming Increasingly Popular

ADUs are small houses that are built on the same property as a bigger house. These apartments are becoming increasingly popular in California, where rising housing costs and a scarcity of land have created a yearning for more affordable living options. One of the most notable benefits of ADUs is their ability to be used as long-term rentals, allowing property owners to offset the expense of their mortgages.

ADUs typically do not need new construction or extensive alterations since they are frequently located at the back of houses or on smaller lots that do not currently include residences. As a result, in areas where land is scarce, they can be a viable and cost-effective option for homeowners. If you want to enhance your rental earnings or make your home more competitive in today’s challenging housing market, an ADU may be precisely what you need. But first, you must understand the construction process.

The Construction Methodology

Constructing an ADU may be a difficult and time-consuming task. To begin, you must investigate a number of critical factors, such as municipal regulations, zoning requirements, and the services offered by your chosen builder. When you work with a seasoned ADU builder, such as Acton ADU, you can work directly with their team to ensure that your ADU is both practical and visually appealing. Their design pros will collaborate with you to create a one-of-a-kind building plan that complements your existing home.

Because of their knowledge and enthusiasm for great craftsmanship, they can promise you that your new ADU is built to last. Acton ADU can assist you in realizing your vision for a beautiful and functional ADU, whether it is simple and minimalist or an exciting addition to your home’s living area. To learn more about their process, go to www.actonadu.com.

What Restrictions Might an HOA Place on Your Construction?

A homeowner’s association (HOA) in California may put a number of restrictions on the construction of your ADU. They may, for example, impose minimum and maximum lot size requirements or limit the materials used to construct the ADU. In addition, HOAs may limit the kind of activities or behaviors permitted on the property, such as noise levels or the presence of pets.

There are, however, a number of methods that homeowners might use to get around these restrictions. They can, for example, engage with their HOA to obtain approval for their planned ADU building. Alternatively, they may seek to contact an expert in HOA law to oppose any restrictions placed on their property. Finally, homeowners may overcome any barriers that may arise while creating an ADU in California by being proactive and cooperating with their HOA.

How to Figure Out If Your HOA Will Allow You to Build

The first step in determining whether or not you may build an ADU on your property is to contact your local housing authority. HOA requirements vary considerably from area to region, so be sure your selected location permits for an ADU before proceeding with any building plans. To discover more about what your HOA allows, go to their website, or chat with a representative. A real estate agent who is educated about ADUs may also give insight into local zoning regulations as well as a list of builders that have experience developing secondary structures such as ADUs.

Finally, thoroughly researching and planning for an ADU will ensure that you have the flexibility and resources necessary to build a space that meets your needs while complimenting your property’s surroundings. So, if you’re serious about evaluating if an ADU is a viable option for you, you should get started right away.

How to Work With Your HOA to Obtain ADU Approval

When planning to erect an ADU in Santa Clara County, CA, it is crucial to work closely with your HOA to ensure that all necessary licenses are obtained. Here are some ideas to help you go through this operation fast and efficiently:

Communicate openly and honestly with your HOA. The more upfront and clear you are about your aims, the easier it will be for others to understand what you are trying to accomplish. This increases the possibility of their support and approval.

Conduct a thorough investigation of all applicable planning and zoning regulations. Your HOA will have certain criteria or constraints that must be met in order for your project to be approved. Therefore it’s vital that you understand these rules before starting the process. You should also consult with a professional architect or builder for expert help in designing an ADU that meets all criteria.

From the start, be sure your expectations are reasonable. It is vital to avoid becoming overly invested in any particular design or idea before receiving permission from your HOA since this may impede you from working closely and productively with them during the application process. Keeping an open mind boosts your chances of finding common ground and creating a wonderful connection with your association in the future.

Final Thoughts

While your HOA may be upset with your plans to build an ADU, they will only be able to stop you if you complete all of the necessary legal procedures. In California, there are various statutes that protect homeowners’ rights to build ADUs. You should be able to proceed with your plans as long as you adhere to the constraints imposed by these regulations.