ADUs & HOAs

There is an obscure little-known California state law, AB 670, that was enacted January 1, 2020 along with a "wave" of other, more popular ADU state laws such as AB 68 (Ting), AB 881 (Bloom), and SB 13 (Wieckowski). AB 670 fostered in Civil Code Section 4751 to make a provision in a common interest development's (HOA's) governing documents "void" and "enforceable" if an HOA "prohibits" the construction of ADUs and JADUs. Essentially, HOAs can not ban ADUs and JADUs regardless of any existing rules that do so.

Unlike solar panels or ADA (Americans with Disabilities Act) compliant chairlifts (which are installed in Common Area), ADUs are permanent and transferable to another owner. An HOA may set "reasonable" design guidelines for ADUs, but they can not prohibit or ban them.

Since State Law overrides municipal codes, and municipal codes override an HOA's governing documents, if you live in an HOA and are planning to build an ADU or JADU, I would recommend reviewing your CC&Rs and HOA governing documents and then visiting your local planning department's CDD or "Community Development Director" and asking them your questions.

Remember, your HOA is governed by a Board of Directors comprised of volunteer neighbors that are imperfect as the rest of us. You may ruffle some feathers, but, you will also bring out some good to the benefit of the entire community.

As always, you can contact us at ADUNOW.HOUSE and schedule a call!