Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) are increasingly common in California, but disputes can arise when an HOA attempts to block, delay, or over-restrict a project, leading to disputes over homeowners’ rights.
This article provides general information about how California law treats HOA restrictions on ADUs and JADUs. It is not legal advice, and reading it does not create an attorney-client relationship.

Can an HOA Legally Prohibit an ADU?

California has statutes intended to limit HOA rules that effectively prohibit or unreasonably restrict the construction or use of an ADU or JADU. In many situations, an HOA cannot enforce governing-document provisions that conflict with those state protections.

That said, HOAs often still have a role. Depending on the community and the project, an HOA may be able to apply reasonable restrictions related to architectural review and community standards—as long as the restrictions do not operate as a de facto ban or conflict with California law.

Examples of issues that commonly trigger disputes include:
- Claimed ADU prohibitions in CC&Rs: Some associations point to CC&Rs as a basis to deny ADUs, even when state law may override conflicting restrictions.
- Overly burdensome processes: Some associations impose procedural hurdles that function as an indirect denial.
- Design and aesthetic conditions: Associations may apply design standards, but restrictions still need to be reasonable and consistent with California law.
- Using “zoning” as an HOA argument: City or county zoning and permitting rules are different from HOA rules; disputes can arise when an HOA relies on zoning concepts in a way that does not align with its actual authority.

What Are Your Rights Under California ADU Laws?

California’s ADU framework comes from multiple statutes, including state laws governing local permitting and separate laws limiting HOA restrictions. In general terms:
- State law can override conflicting HOA restrictions that would effectively prohibit or unreasonably restrict an ADU or JADU.
- HOA review must remain reasonable. An HOA may be able to require an application and apply architectural standards, but it generally cannot use the process to stall or block a project in a way that conflicts with state protections.
- Local approval is separate. Even if an HOA approves (or cannot lawfully block) an ADU, the homeowner typically still must comply with city/county permitting requirements.

If a dispute arises, the next steps often depend on the specific governing documents, the HOA’s written reasons, and how the project aligns with applicable California statutes.

Common HOA Tactics That Can Delay ADUs

Disputes frequently involve delay tactics or conditions that materially increase cost or make the project impractical. Examples include:
- Non-responsiveness or repeated “incomplete” notices that prevent the application from reaching a decision.
- Vague “community standards” objections without tying the objection to a valid, enforceable standard.
- Threats of enforcement (fines, violations, or legal action) based on positions that may conflict with California’s ADU protections.
- Midstream rule changes or new interpretations applied after an application is submitted.

Whether a tactic is lawful can be very fact-specific, and it often turns on the governing documents, the HOA’s procedures under the Davis-Stirling Act, and the California statutes addressing ADUs and HOA restrictions.

What to Do If Your HOA Is Blocking Your ADU

If your HOA is denying or delaying an ADU or JADU, these steps can help you create clarity and a record:
- Review your governing documents (CC&Rs, bylaws, rules, architectural standards) for the provisions the HOA is relying on.
- Ask for the denial in writing and request that the HOA identify the specific governing-document provisions and the specific reasons for the decision.
- Confirm what is “HOA” versus “city/county.” Local permitting requirements and HOA approval are different processes, and mixing them can create confusion.
- Consider dispute-resolution options. Many HOA disputes in California involve Internal Dispute Resolution (IDR) and, in some situations, Alternative Dispute Resolution (ADR) before litigation.

When Litigation Becomes Part of the Conversation

Not every ADU dispute ends up in court. In California HOA matters, homeowners and associations often attempt informal resolution, IDR, or ADR first. Litigation is sometimes pursued when a dispute cannot be resolved and the parties disagree about whether an HOA restriction is enforceable under California law.

Any decision about litigation depends on the facts, the governing documents, and the applicable statutes—and should be discussed with counsel based on the specific situation.

How a California HOA Attorney Can Help With an ADU Dispute

In an ADU-related HOA dispute, an attorney may help by:
- Reviewing the governing documents and the HOA’s written position for enforceability under California law.
- Evaluating whether the HOA’s process and restrictions appear reasonable and consistent with the Davis-Stirling Act and ADU-related statutes.
- Communicating with the association (or its counsel) to narrow issues, request clarification, and explore resolution.
- Advising on dispute-resolution procedures such as IDR/ADR and, when appropriate, court options.

Closing Note

If you’re facing an ADU dispute with your HOA, consider speaking with a California attorney who handles HOA matters to discuss your specific facts and available procedures. This article is for general informational purposes only and is not legal advice.