However, homeowners in HOA-governed communities must navigate an additional layer of regulations to ensure compliance with association rules. While HOA governing documents and rules generally cannot be enforced in a way that conflicts with controlling California law, they may still impose architectural and use restrictions that affect whether and how an ADU can be approved.
Understanding how to work within HOA rules while evaluating applicable legal limits can help support a smoother ADU review process. If you encounter restrictions or delays that appear inconsistent with the HOA’s governing documents or applicable law, you may wish to review the issue with a California attorney familiar with HOA disputes. For more background, see challenge unlawful HOA interference.

HOA Regulations on ADUs

HOAs often impose rules related to property modifications, including ADU construction. Depending on the community’s recorded CC&Rs and other governing documents, an HOA may regulate (and in some cases restrict) ADUs even when local zoning allows them. Homeowners should be aware of the following common HOA-imposed regulations:
Architectural review requirements for ADUs to ensure aesthetic compatibility with the community.
Setback and landscaping guidelines that may affect ADU placement.
Parking restrictions that may require additional spaces for ADU occupants.
Lease terms and rental limitations that may apply to ADUs within HOA communities.
Before proceeding with ADU construction, homeowners should review their HOA’s governing documents and consider consulting a California attorney to better understand how HOA requirements interact with applicable state and local regulations.

Steps to Take Before Submitting an ADU Application to Your HOA

To improve your chances of getting HOA approval for your ADU, consider the following steps:
Review HOA CC&Rs and Bylaws: Ensure that you understand the rules governing ADU construction in your community.
Check State and Local Laws: Confirm that your ADU plans align with California state and local requirements, and separately review any HOA restrictions that may apply.
Prepare a Detailed Proposal: Provide clear construction plans that include architectural renderings, parking solutions, and compliance with zoning laws.
Engage with the HOA Early: Proactively communicate with your HOA board to gauge their concerns and address any potential issues.
Seek Legal Information if Needed: If your HOA is imposing delays or restrictions and you are unsure whether they are permitted, an attorney can help you evaluate the issue.
By taking these steps, homeowners can reduce the likelihood of delays and avoid unnecessary conflicts with their HOA.

Common Legal Issues Homeowners Face with HOA ADU Approvals

Even when local zoning allows for ADU construction, homeowners associations may impose additional requirements that complicate the process. Common legal issues include:
Restrictions that go beyond what the HOA’s governing documents or applicable law allows.
Selective enforcement where some homeowners receive approvals while others are denied under similar circumstances.
Fees, deposits, or assessments that homeowners believe are being applied inconsistently or without proper authority.
Delays in the approval process without clear explanation under the association’s procedures.
Newly enacted rules that attempt to change requirements for pending or future applications.
If you are facing these or other HOA-related issues, consulting an attorney can help you better understand general options that may be available.

The Limits of HOA Authority Over ADUs

While homeowners associations can enforce community standards and architectural guidelines, their authority over ADU construction generally comes from—and is limited by—the association’s governing documents and applicable California law. Property owners should be aware of the following:
HOAs may regulate exterior modifications and require architectural approval consistent with their governing documents.
Certain HOA restrictions may be unenforceable if they conflict with controlling California statutes or other applicable law.
Associations generally should apply rules consistently and follow their own procedures when reviewing applications.
If you believe your HOA refuses to comply with state law, obtaining legal guidance can help you evaluate the issue and consider appropriate next steps.

What to Do If Your HOA Rejects Your ADU Application

Even where an ADU may be allowed by local regulations, an HOA may deny a proposal based on its governing documents or architectural standards. If your ADU proposal is denied, consider the following actions:
Request written documentation explaining why the application was rejected.
Review HOA governing documents to determine whether the denial aligns with the association’s stated standards and procedures.
Compare your ADU request to other approved home modifications within the community to evaluate whether rules appear to be applied consistently.
Consider consulting an attorney regarding dispute-resolution options and whether the HOA’s position is consistent with its authority.

When to Take Legal Action Against an HOA for Blocking an ADU

In some cases, homeowners may consider formal dispute resolution or legal action regarding an HOA’s decision. Signs that additional steps may be worth evaluating include:
The HOA imposes restrictions that appear inconsistent with controlling law or the association’s governing documents.
Your ADU application is delayed for an extended period without clear explanation under the HOA’s published procedures.
The HOA enforces ADU-related rules inconsistently among different homeowners.
You are subjected to fines, fees, or assessments that you believe are not authorized or are applied inconsistently.
The HOA’s board refuses to communicate or provide a meaningful explanation of its decision.
Because remedies can be fact-specific, a California HOA attorney can help assess potential options based on the governing documents and the circumstances.

How Legal Representation Can Help Resolve ADU Disputes

An experienced attorney can help property owners evaluate HOA-related issues and potential strategies for resolving disputes. Legal representation may include:
Communicating with the HOA board or management regarding compliance with governing documents and applicable law.
Evaluating whether HOA-imposed restrictions are enforceable.
Assisting with dispute resolution and, where appropriate, litigation.
Working toward practical resolutions that address both the homeowner’s goals and the association’s stated concerns.

Speak with an HOA Attorney About Your ADU Project

If you are facing obstacles with your HOA over ADU construction, consider obtaining legal guidance from a California attorney familiar with HOA disputes. This article is for general informational purposes and is not legal advice.