Can an HOA Actively Prevent You From Constructing an ADU in California?

With California’s housing market in such disarray, an increasing number of people are considering building accessory dwelling units (ADUs) on their own land. After all, a secondary housing unit might provide both a place to reside and a source of income for a parent or adult child in dire need. But what if your HOA discovers it? Can they stop you from building an ADU?

Homeowners Associations in California

In other words, there is no simple yes or no answer to this issue. While HOAs have the right to impose restrictions on the types of building permitted inside their communities, they must nevertheless follow the laws of the states and cities in which they are located. Many limits are in place in California to preserve homeowners’ rights to build ADUs.

Assembly Bill 2215 of 2016 prohibits homeowners’ organizations from imposing unreasonable restrictions on property owners’ rights to construct ADUs on their land. Senate Bill 13, commonly known as the Accessory Dwelling Unit Act, was passed in 2017 and streamlined the licensing procedure for ADUs built on private land. Finally, according to Assembly Bill 2406, passed in 2018, HOAs must allow the development of ADUs up to 1200 square feet in size.

ADUs Are Rising in Popularity

ADUs are modest residences with many of the same facilities as the main house. Increased demand for such units may be ascribed to the state of California, where rising property prices and a shortage of appropriate land have produced a need for more inexpensive housing choices. Long-term rental of ADUs allows homeowners to earn money that may be used to pay off debts.

ADUs seldom require new construction or significant renovations since they are frequently positioned at the back of houses or on smaller lots with no structures. As a result, they may be a wise and cost-effective solution for homeowners in costly real estate markets. In today’s competitive real estate market, an ADU might be the solution to your difficulties. However, before you begin, you must first understand how things are put together.

The Construction Methods Used

Building an ADU may be a time-consuming and labor-intensive endeavor. As a first step, research the applicable regulations and zoning requirements in your location and the services provided by the builder you’ve picked. Hiring a certified ADU construction business, such as Acton ADU, allows you to work directly with the company’s team to ensure that your ADU is created according to your standards. You may rely on their designers to assist you in creating a unique building that complements your current home.

Their experience and skills will ensure the lifespan of your new ADU. Acton ADU can help you realize your idea for a beautiful and efficient ADU, whether you desire a basic and minimalist design or an exciting addition to the living space of your house. Please click here for more information about their approaches.

How Do HOAs in California Regulate ADU Building?

When it comes to the construction of new housing units, homeowners’ associations (HOAs) in California may be quite restricted. Minimum and maximum lot sizes, as well as the ban on particular construction materials, may be stated. Some homeowners’ organizations even have restrictions governing how loud parties may be and if pets are permitted.

Homeowners, on the other hand, have many options for getting around these limits. For example, the homeowner might discuss the proposed ADU project with the HOA and request approval. Alternatively, they might employ an HOA attorney to contest the property restrictions. Homeowners in California who are proactive and follow the right procedures when working with their HOA may be able to avoid or reduce complications while creating an ADU.

How to Find Out If Your HOA Will Allow an ADU

The first step in deciding whether to install an ADU on your property is to obtain approval from your housing association. Before you begin construction:

  • Check to see if the HOA laws in your desired community permit the construction of an ADU.
  • Visit the HOA’s website or speak with a representative to learn more about the restrictions that apply to you.
  • Contact an ADU-experienced real estate agent; they can throw light on local zoning constraints and identify reputable builders that specialize in creating secondary structures, such as ADUs.

Studying and planning for an ADU means that you have the freedom and resources to create a room that suits your needs while also complementing the natural environment of your land. As a result, if you’re serious about determining whether or not an ADU is a realistic choice for you, you should get started right immediately.

Ways For Obtaining HOA Approval For Your ADU

While planning the construction of an ADU in Dublin, CA, it is critical to collaborate closely with your HOA. Here are some tips to assist you in completing this task as fast and efficiently as possible:

  • In your discussions with the HOA, be upfront and as honest as possible. The more explicit and honest you can be about your objectives, the easier it will be for others to understand where you’re going. As a result, they are more inclined to provide their approval and blessing.
  • Thoroughly look at all zoning and planning requirements. Prior to starting the process, you must be aware of the constraints imposed by your HOA since your HOA may have criteria or restrictions that must be met in order for your project to be approved. It’s also a good idea to speak with a professional architect or builder to ensure that your ADU complies with local building codes.
  • It would be a great advantage for you if you set a reasonable beginning point for your aspirations. It is critical to avoid becoming overly attached to a particular design or concept before obtaining HOA permission, as this may hinder your ability to work closely and productively with them during the application process. You’ll have a far higher chance of finding common ground with your association and developing a solid relationship with them if you have an open mind.

Last Thoughts

Even if your HOA isn’t delighted with the idea, they can usually only block you from building an ADU if you follow all of the requirements. Many restrictions are in place in California to preserve landowners’ rights to construct ADUs. Only if you breach the rules should your HOA react to your proposals. Contact Acton ADU to learn how they can help you develop a strategy for your HOA to consider.

By Teresa Hinze
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