Understanding HOA & California ADU Laws: What You Need to Know
Nowadays, everyone has an ADU, or Accessory Dwelling Unit, on their minds. It’s a popular trend in the real estate business, and for good reason. These small, self-contained living spaces can provide homeowners with additional rental income, extra space for family members, or even serve as a home office.
However, before you jump on the ADU bandwagon, it’s important to understand the laws and regulations surrounding them. In particular, if you live in California and are part of a homeowners’ association (HOA), there are some additional considerations you need to be aware of. Let’s explore what you must know about HOA and California ADU laws. Read on!
How Do HOAs Affect ADUs In California?
First things first: Can HOA prevent ADU construction? It’s not a simple yes or no. California laws have been swinging the door open for ADUs, but HOAs still hold the keys to some restrictions. While HOAs can’t outright ban ADUs, they can impose certain guidelines. So, before you start building, let’s check out the basic laws you need to consider:
Let’s Understand HOA Backyard Rules
It’s time to say goodbye to ADU misconceptions. Your HOA might have specific HOA backyard rules that dictate what you can and can’t do. This could include restrictions on the size, style, or even the position of your ADU. It’s all about keeping the community looking spick and span. Knowing these rules can help you have a smooth project.
How Does HOA’s Role Relate to California ADU Laws?
HOAs are responsible for enforcing the rules and regulations set by the community. When it comes to ADUs, they have to balance their duties under the CC&Rs (Covenants, Conditions, and Restrictions) with state laws. In California specifically, several laws affect ADUs and their relationship with HOAs:
- California State Assembly Bill 68 (AB 68)
- California State Senate Bill 13 (SB 13)
- California Civil Code Section 4751
These laws have opened up opportunities for homeowners to build ADUs while also giving HOAs some power to regulate them. Both parties need to understand these laws and work together to ensure compliance.
Decoding California ADU Law
Now, on to the exciting stuff! California ADU law is pretty favorable for homeowners. In recent years, these laws have made it easier than ever to add an ADU. State law trumps HOA rules to some extent, meaning that even if the HOA isn’t thrilled about your ADU, state law has your back. It’s like having a superhero cape that protects your building plans! Check out the latest updates in the law to keep your plans on track.
How to Get Your ADU Approved
Getting your ADU approved by your HOA and the state might seem challenging, but don’t worry. These are the steps you can take to make sure the process goes smoothly:
- Start by drafting a detailed plan of your ADU, considering both California ADU law and your HOA backyard rules.
- Submit this plan to your HOA for approval, and don’t be shy to ask questions if things seem unclear.
- Once your HOA approves it, submit your plan for building permits and ADU legislation to the authorities.
- If everything checks out, congratulations! You’re on your way to having a brand new ADU.
Get The Proper Assistance With Go ADU
Build with confidence and follow your ADU dreams. At Go ADU, we specialize in navigating the complex world of California ADU regulations and HOAs. Our team will construct your ADU and ensure all the necessary permits and approvals are taken care of.
With our guidance, you’ll be well on your way to having an ADU that meets all legal standards and adds value to your property. Start from the ground up with our ADU Contractors in Burbank, CA! Contact us today.