However, if you live in a community governed by a Homeowners Association (HOA), you may face unexpected restrictions that can make ADU construction more challenging. While HOAs can regulate certain aspects of property modifications, they generally must do so in a manner consistent with California law and their governing documents.
If your HOA is raising concerns about your ADU project, it is important to understand the approval process and the sources of authority the association may rely on. A California attorney can help explain whether particular restrictions are likely enforceable based on the governing documents and applicable law.

The Limits of HOA Authority Over ADUs

While HOAs have some control over community standards, their ability to regulate ADUs can be affected by California statutes, local ordinances, and the Davis-Stirling Common Interest Development Act. Many homeowners mistakenly believe that their HOA has complete authority over their property, but in reality, an association’s authority is limited to what is allowed by law and the governing documents.
Some ways HOAs may attempt to restrict ADU projects include:
Claiming that ADUs are prohibited under outdated HOA rules.
Delaying or refusing to process ADU applications.
Requiring extensive modifications that increase construction costs.
Enforcing restrictions on some homeowners but not others.
If your HOA is imposing barriers, a homeowner association lawyer can help evaluate whether the restrictions are likely legally valid and whether the association is following required procedures.

How California Laws Affect ADU Restrictions in HOA Communities

California’s ADU laws primarily regulate city and county permitting, and HOA architectural review requirements may still apply in common interest developments. At the same time, California law can limit how an HOA adopts or enforces architectural restrictions, including through requirements that restrictions be applied in a fair, reasonable, and non-discriminatory manner.
Depending on the specific development, governing documents, and proposed design, California law may:
Limit the ability of an HOA to enforce provisions that conflict with applicable statutes.
Require the HOA to use a fair and procedurally compliant architectural review process.
Discourage rules or practices that operate as a practical prohibition when a project otherwise complies with objective requirements.
Limit certain rental restrictions that could affect use of an ADU, depending on the circumstances.
Because enforceability can be fact-specific, homeowners often review both local ADU requirements and HOA governing documents when assessing potential restrictions.

What Are Reasonable Restrictions Vs. Unlawful HOA Regulations?

While HOAs have authority to regulate property modifications, they must adhere to California law and follow their governing documents. Examples of potentially reasonable restrictions include:
Guidelines on ADU exterior design to maintain community aesthetics.
Noise control measures related to use of the property.
Parking regulations that align with applicable city or county requirements.
However, some restrictions or enforcement practices may be legally vulnerable depending on the facts. Examples that may raise concerns include:
A prohibition that effectively prevents otherwise lawful construction within a homeowner’s separate interest.
Excessive fees or unnecessary procedural delays not supported by the governing documents.
Rental-related restrictions that conflict with applicable California statutes.
If your HOA is imposing restrictions that appear inconsistent with California law or the governing documents, an experienced attorney can help evaluate the situation and explain available dispute-resolution paths.

The Role of the Board of Directors in ADU Approval

The board of directors of an HOA is generally responsible for administering and enforcing the community’s governing documents, including architectural standards.
In disputes over ADU construction, homeowners sometimes contend that the board is misapplying governing documents, overlooking legal limits, or applying standards inconsistently. Common board actions that may lead to disputes include:
Failing to process ADU applications in a timely manner.
Implementing new rules after homeowners have already started the approval process.
Overlooking legal limitations on HOA authority over architectural restrictions.
Approving similar projects for some homeowners while denying others.
If a homeowner believes the board is exceeding its authority, a California attorney can help explain the relevant standards and procedures that may apply.

Strategies for Working Around HOA Restrictions on ADUs

If your HOA is making it difficult to get approval for an ADU, there are several strategies homeowners can use to address restrictions:
Review the HOA’s Governing Documents: Carefully check the association’s CC&Rs and bylaws and any published architectural rules.
Communicate with the HOA Board: In some cases, providing complete plans and addressing objective design guidelines can help streamline review.
Request an Exception if Available: Some associations have variance or exception procedures within their governing documents.
Document Inconsistent Enforcement: If the HOA has approved similar projects for other homeowners but denies your request, documenting the history may be relevant to a dispute.
Consider Formal Dispute-Resolution Options: Depending on the situation, homeowners may consider internal dispute resolution and other processes before litigation.
Related information about HOA disputes is available here: HOA disputes attorneys.

Legal Recourse for Homeowners Facing HOA ADU Restrictions

When an HOA blocks or delays an ADU project, homeowners sometimes consider legal steps to resolve the dispute. Disputes may involve issues such as:
The HOA applying architectural standards in a manner alleged to conflict with California law.
The HOA imposing application requirements or fees not supported by the governing documents.
The HOA enforcing ADU-related restrictions inconsistently among homeowners.
The HOA threatening enforcement action where the homeowner contends the project is permitted.
Potential claims and remedies depend heavily on the governing documents and the facts, and the Davis-Stirling Act also includes procedural requirements that may apply before certain lawsuits are filed.

Alternative Dispute Resolution for HOA Conflicts Over ADUs

Before taking legal action, homeowners may consider alternative dispute resolution methods to resolve conflicts with their HOA. These processes allow homeowners and HOAs to negotiate solutions without going to court. Common resolution methods include:
Mediation: A neutral third party helps facilitate discussions between homeowners and the HOA to find a compromise.
Arbitration: A neutral decision-maker hears both sides of the dispute and issues a binding or non-binding decision, depending on the agreement.
Direct Negotiation: Homeowners can work with an attorney to communicate with the HOA board and attempt to resolve the dispute.
If informal efforts do not resolve the issue, some disputes may proceed to litigation, depending on the claims and applicable procedural requirements.

Considering Legal Guidance for an HOA Dispute

If your HOA is interfering with your ADU construction plans, it may be helpful to review the association’s governing documents, the architectural review procedures, and applicable California statutes and local ADU requirements. This article is for general informational purposes only and is not legal advice. Homeowners seeking advice on their specific situation can consult a California-licensed attorney.