Is It Possible for an HOA to Actively Prevent You From Building an ADU?

With the housing market in California in such chaos, a growing number of people are considering building accessory dwelling units, also called ADUS, on their own property. For example, a secondary dwelling unit may give both a place to live and a source of income for a bereaved parent or a needy loved one. But what if your HOA finds out? Can they prevent you from constructing an ADU? Is there a set of rules that regulate the installation of structures on your property? As you read, your anxieties will be alleviated, and you will have a better grasp of what you can and cannot do with your home.

California Homeowners Associations

In other words, no straightforward yes or no response to this question exists. While HOAs have the authority to restrict the types of structures permitted within their communities, they must still abide by the laws of the states and cities in which they are located. In California, certain rules are in place to protect landowners’ rights to construct ADUs.

The 2016 Assembly Bill 2215 prevents homeowners’ associations from putting unreasonable limits on property owners’ rights to build ADUs on their land. The Accessory Dwelling Unit Act, also known as Senate Bill 13, was approved in 2017 and simplified the licensing process for ADUs constructed on private property. Finally, under Assembly Bill 2406, which was passed in 2018, HOAs must allow the establishment of ADUs up to 1200 square feet in size.

ADUs Are Becoming Increasingly Popular

ADUs are small residences that share many of the same amenities as the main house. Increased demand for such units may be attributed to the state of California, where rising property prices and a shortage of suitable land have created a need for more inexpensive housing choices. Long-term ADU leasing allows homeowners to generate revenue that may be used to repay debt.

ADUs seldom require new construction or significant alterations since they are often located at the back of houses or on smaller lots with no buildings. As a consequence, they may be a prudent and cost-effective solution for homeowners in high-priced real estate locales. In today’s competitive real estate market, an ADU might be the answer to your problems. However, before you begin, you must first know how things work.

The Building Techniques Employed

Building an ADU can often be a time-consuming and labor-intensive enterprise. As a first step, look into the applicable legislation and zoning regulations in your area, as well as the services offered by the builder you’ve picked. Hiring a certified ADU construction company like Acton ADU allows you to communicate directly with the staff to ensure that your ADU is built to your specifications. You can rely on their designers to help you create a one-of-a-kind structure that compliments your current house.

Their knowledge and abilities will assure your new ADU’s long-term sustainability. Acton ADU will help you realize your goal of a beautiful and functional ADU, whether you like a basic and minimalist design or an exciting addition to the living space of your house. Please click here for additional information about their initiatives.

How Do HOAs Control ADU Construction in California?

In California, homeowners’ associations (HOAs) may be highly restricted when it comes to the construction of new housing units. It is possible to establish minimum and maximum lot sizes, as well as a restriction on specific building materials. 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 circumventing these restrictions. For example, the homeowner might approach the HOA and ask for approval to build the intended ADU. Alternatively, they could hire an HOA attorney to challenge the property restrictions. California homeowners who are diligent and adhere to the proper processes while dealing with their HOA may be able to prevent or decrease issues while building an ADU.

How to Determine Whether Your HOA 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 local housing authority. Before you begin building:

  • Check to determine if the HOA rules in your preferred community allow for the construction of an ADU.
  • To learn more about the limitations that apply to you, visit the HOA’s website or contact a representative.
  • Contact an ADU-experienced real estate agent; they may be able to give information on local zoning regulations and recommend reliable builders specializing in building secondary structures like ADUs.

You have the liberty and resources to construct a home that meets your requirements while also complementing the natural environment of your land while studying and designing an ADU. As a consequence, if you’re serious about deciding if an ADU is a suitable fit for you, you should begin right away.

How to Obtain HOA Approval for an ADU

It is vital to work closely with your HOA while planning the building of an ADU in Dublin, CA. Here are some suggestions to help you do this activity as quickly and efficiently as possible:

  • Be as forthright and honest as possible in your talks with the HOA. The more clear and transparent you are about your aims, the easier it will be for people to follow you. As a result, they are more likely to provide their blessing and acceptance.
  • Research all zoning and planning regulations thoroughly. Be aware of the restraints imposed by your HOA before you begin since your HOA may have criteria or limitations that must be satisfied in order for your project to be authorized. To verify that your ADU conforms with local construction rules, you should also seek the counsel of a professional architect or contractor.
  • You would benefit from establishing a realistic starting point for your goals. When obtaining HOA authorization, it is critical to be completely committed to a specific design or concept, as this can hinder your ability to work closely and effectively 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 can typically only prevent you from constructing an ADU if you follow all of the rules. In California, various restrictions are in place to protect landowners’ rights to build ADUs. Your HOA will only consider your proposals if you violate the law. Contact Acton ADU to learn how they may assist you in developing a strategy for your HOA to consider. They are guaranteed to assist you due to their extensive understanding of zoning restrictions in over 40 California communities.