HOAs vs. ADUs

Patton Sullivan Brodehl LLP
Contact

Accessory dwelling units (ADUs) have become popular during the run up in California real estate values.

ADUs have been touted for several benefits, including increasing housing supply, creating affordable housing options, and supporting multi-generational households.

But ADUs have also faced stiff opposition on the grounds that they increase density, create problems with traffic and parking, and harm the overall neighborhood character.

The Covenants, Conditions, and Restrictions (CC&Rs) governing many subdivision Homeowner’s Associations (HOAs) impose restrictions on ADUs, and some ban ADUs altogether.  CC&Rs are recorded deed restrictions affecting title to property, and are normally enforceable in court.

California Assembly Bill 670, which became Civil Code section 4751 last year, changes that.

Section 4751 provides:

(a) Any covenant, restriction, or condition contained in any deed … that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.

(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit ….

If your HOA’s CC&Rs contain an outright ban on ADUs, that ban is now void under section 4751.  That might create a “free for all” for ADU development with no restrictions on height, appearance, or other considerations.

HOAs should re-evaluate their CC&Rs in light of section 4751 to ensure that appropriate, reasonable restrictions on ADUs are in place to preserve the desired neighborhood density and character.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Patton Sullivan Brodehl LLP | Attorney Advertising

Written by:

Patton Sullivan Brodehl LLP
Contact
more
less

Patton Sullivan Brodehl LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.