However, many homeowners encounter resistance from their Homeowners Association (HOA) when attempting to build an ADU. While HOAs have authority to regulate community aesthetics and property modifications through their governing documents and architectural review processes, HOA rules and decisions generally must remain consistent with California law.
If your HOA is interfering with your ability to build an ADU, it may be helpful to review the association’s governing documents and the California laws that address ADUs in common interest developments. Some homeowners also choose to consult with an attorney to better understand whether particular rules or enforcement positions may be enforceable.

How Much Authority Does an HOA Have Over ADU Construction?

Homeowners often assume that an HOA has complete control over property modifications, but this is not entirely true. While HOAs have the right to enforce certain guidelines related to community aesthetics, they generally may not impose restrictions that:
Violate California state law addressing ADUs.
Are applied in an inconsistent or discriminatory manner prohibited by law.
Create unreasonable delays in the approval process beyond what the association’s procedures and applicable law allow.
Demand excessive fees or requirements that are not authorized by the association’s governing documents and applicable law.
If your HOA is enforcing restrictive ADU policies that may contradict California law, it may be helpful to gather the relevant governing-document provisions and correspondence and seek additional information about available dispute-resolution options.

State Laws That Limit HOA Control Over ADUs

California has passed legislation that limits an HOA’s ability to prohibit or unreasonably restrict ADU and Junior ADU (JADU) construction in many common interest developments. Depending on the development type and the circumstances, these protections may include:
Limiting an HOA’s ability to enforce outright ADU or JADU bans in situations covered by California law.
Allowing HOAs to adopt reasonable restrictions, while limiting restrictions that would effectively prohibit or unreasonably increase the cost of an ADU.
Supporting timely, good-faith processing of architectural applications under the association’s adopted procedures.
Avoiding duplicative or unnecessary approval steps that conflict with governing documents or applicable law.
If your HOA is taking a position that appears inconsistent with California ADU laws, you may wish to review the applicable statutes and consider whether internal dispute resolution or other processes are available under the Davis-Stirling Act.

Common HOA Barriers to ADU Approval

Despite state laws affecting ADU regulation, disputes can arise where HOAs take positions that homeowners believe are inconsistent with current law. Examples may include:
Ignoring ADU applications or failing to process them in a timely manner under the association’s procedures.
Claiming ADUs violate outdated governing documents without addressing whether those provisions are still enforceable.
Adding design, parking, or setback requirements that may be inconsistent with applicable law.
Threatening fines or penalties based on an asserted violation.
If your HOA is engaging in any of these practices, it may be useful to document communications and review the association’s written architectural-approval procedures.

How HOA Restrictions on ADUs Create Legal Issues for Homeowners

Many property owners assume that because they own their land, they have the right to construct an Accessory Dwelling Unit (ADU) without interference.
However, HOA-specific disputes may arise when associations attempt to regulate or prohibit the construction of ADUs. While some guidelines may be enforceable, others may be limited by California law.
Common issues homeowners face include:
HOA-imposed rules that may conflict with California ADU laws.
The board of directors refusing to review ADU applications within the timeframes stated in the association’s procedures or required by applicable law.
Unexpected fees or assessments associated with ADU-related approvals or impacts.
Unclear or inconsistent enforcement of ADU-related rules.
If you are experiencing these or other issues, a qualified professional can help you better understand the HOA’s stated basis for its position and what dispute-resolution processes may apply.

The Role of HOA Board of Directors in ADU Approvals and Special Assessments

The board of directors in an HOA is responsible for enforcing the association’s governing documents. However, some homeowners in disputes over ADUs raise concerns that their board is enforcing regulations inconsistently or imposing costs that disproportionately affect certain owners.
Some board actions that may raise questions include:
Imposing additional fees or requiring owners to pay certain charges before approving an ADU, depending on the association’s governing documents and applicable law.
Adopting or revising ADU-related rules without following required notice, comment, or approval procedures.
Delaying approval in a manner that appears inconsistent with the association’s adopted architectural-review timelines.
Placing restrictions on the use of an ADU that may go beyond architectural guidelines or otherwise conflict with applicable law.
When a board of directors may be acting beyond its authority, homeowners often start by requesting the specific governing-document provisions and written reasons supporting the decision.

Legal Disputes Over ADUs and When to Take Action

Disagreements related to ADU construction can escalate into legal disputes when homeowners and HOAs cannot resolve differences about what the governing documents and California law allow. In some situations, homeowners may consider dispute-resolution options before litigation.
You may want to seek additional information if:
Your HOA refuses to process your ADU application within the timeframe stated in the association’s procedures or required by applicable law.
You receive notice of fees or assessments that you believe are not authorized or are being applied inconsistently.
The board of directors applies ADU rules inconsistently across different homeowners.
The HOA is attempting to fine or penalize you based on an asserted violation related to an ADU.
A qualified attorney can explain the dispute-resolution and litigation process and how California’s HOA statutes may apply to the facts of a particular situation.

Addressing an HOA Dispute Involving an ADU

If your HOA is imposing unreasonable restrictions related to an ADU, it may be helpful to focus on the specific written basis for the HOA’s position, including the cited governing-document provisions, any architectural guidelines, and any referenced statutes or local requirements.
Depending on the circumstances, homeowners may also consider the dispute-resolution procedures that commonly apply in California HOA matters, including internal dispute resolution (IDR) and alternative dispute resolution (ADR) where required or appropriate.