However, Homeowners Associations (HOAs) often impose strict rules and regulations regarding ADU construction and may attempt to block or delay approval through the architectural review process.
If you believe your HOA is interfering with your ability to build an ADU, it can be helpful to understand the general legal framework and dispute-resolution processes that may apply in California.

Can an HOA Legally Deny an ADU?

In California, state ADU laws and the Davis-Stirling Common Interest Development Act limit the ability of many HOAs to prohibit accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Even so, some HOAs continue to enforce outdated provisions or impose restrictions that may be challenged as unreasonable under California law, such as:
Outright bans on ADU construction, even when state law generally prohibits an HOA from banning ADUs/JADUs.
Lengthy approval processes that may discourage homeowners from proceeding.
Architectural and design requirements that may go beyond what is permitted under California law.
Inconsistent enforcement of ADU-related rules.
If an HOA is attempting to block an ADU, some homeowners choose to consult with a California attorney to evaluate whether particular restrictions are enforceable.

California ADU Laws and HOA Authority

California has adopted statutes that limit HOA authority over ADUs and JADUs in many common interest developments. In general, these laws are intended to:
Limit an HOA’s ability to prohibit ADUs and JADUs.
Allow HOAs to adopt “reasonable restrictions,” but not restrictions that unreasonably increase construction costs or effectively prohibit an ADU or JADU.
Prevent governing document provisions from being enforced to the extent they conflict with applicable state ADU/JADU protections.
Because ADU compliance can also depend on local ordinances and building and safety requirements, homeowners often review both HOA requirements and local permitting rules.

How HOAs Use Architectural Guidelines to Restrict ADUs

Many HOAs attempt to control ADU construction by enforcing architectural guidelines. While some aesthetic regulations may be permitted, California law limits HOA restrictions that unreasonably increase costs or effectively prevent ADU or JADU construction.
Common architectural restrictions include:
Requiring ADUs to match the primary home’s exterior design in a way that significantly increases construction costs.
Imposing excessive height, size, or setback requirements beyond what local zoning laws require.
Requiring HOA board approval for minor design features, delaying the construction process.
If an HOA’s architectural requirements appear to function as a barrier to ADU construction, a California attorney can help evaluate whether the restrictions are likely to be considered “reasonable” under California law.

The Role of HOA Boards in ADU Approvals and Denials

HOA boards generally have a responsibility to enforce association rules fairly and in compliance with applicable law. However, disputes sometimes arise when boards exceed their authority or apply ADU-related standards inconsistently. Common issues include:
Failing to process ADU applications in a timely manner.
Denying ADU requests without providing clear reasoning or citing governing document provisions.
Making decisions that appear inconsistent across similarly situated homeowners.
When an HOA board denies or delays an ADU request, some homeowners seek guidance on the HOA’s decision-making process and what dispute-resolution options may be available.

Selective Enforcement of ADU Rules in HOAs

Some homeowners receive ADU approval while others face additional scrutiny or restrictions. Selective or inconsistent enforcement may be alleged when:
An HOA applies different standards to different homeowners.
Board members or other homeowners are allowed to build ADUs while others are denied.
ADU rules are enforced inconsistently over time, leading to confusion and disputes.
If you suspect your HOA is unfairly enforcing ADU restrictions, a California attorney can help assess whether the pattern of enforcement raises legal issues under California law.

Common HOA Tactics Used to Restrict ADUs

Even when state laws limit HOA authority to prohibit ADUs, associations may attempt to discourage construction through other measures, including:
Delaying or not responding to ADU applications submitted by homeowners.
Overstating HOA authority over ADU projects.
Imposing design, parking, or landscaping requirements that may be difficult to satisfy.
Threatening fines or other enforcement action.
If you suspect your HOA is using these tactics, it may be helpful to document communications and review the governing documents and applicable California statutes.

What to Do if Your HOA Blocks Your ADU

If your HOA is obstructing ADU construction, homeowners commonly consider steps such as:
Reviewing the HOA’s governing documents and architectural rules to understand what is actually required.
Requesting written clarification of the HOA’s position and the specific provisions relied on.
Reviewing relevant California ADU/JADU statutes and local permitting requirements.
Considering the HOA’s internal dispute resolution (IDR) process or other dispute-resolution procedures that may apply under the Davis-Stirling Act.
Some homeowners also consult a California HOA attorney to evaluate the situation.

HOA-Imposed Lease Restrictions on ADUs

Even when an HOA allows ADU construction, it may attempt to regulate rentals through its governing documents. Common restrictions include:
Restrictions on short-term rentals.
Limits on leasing terms or occupancy requirements.
Additional rules related to leases (such as requiring certain information from owners).
In California, HOA rental restrictions are governed by multiple statutes and may depend on factors such as when the restriction was adopted and how it is written. In addition, California’s ADU statutes generally provide that ADUs may be rented, but not for terms shorter than 30 days. Whether a particular HOA rental rule is enforceable can be fact-specific.

When to Consider Legal Action Against an HOA

If an HOA refuses to approve an ADU despite applicable state-law limitations, some homeowners consider formal dispute resolution and, in some situations, court action. Litigation or other legal proceedings are sometimes considered when:
The HOA enforces ADU-related restrictions inconsistently.
The HOA adopts or relies on governing document provisions in a way that may conflict with current California law.
The HOA continues to delay or not respond to ADU-related requests.
The HOA imposes fines or threatens enforcement actions related to ADU construction.
A California attorney can explain potential remedies and procedures that may apply in a particular situation.

Summary: ADU Rights and HOA Restrictions in California

California law limits how HOAs may restrict ADUs and JADUs, but disputes can still arise over architectural review, timelines, and the reasonableness of HOA-imposed conditions. Understanding the applicable statutes, local permitting requirements, and HOA governing documents is often an important first step.