However, Homeowners Associations (HOAs) often attempt to block or heavily regulate ADU construction, leading to disputes over homeowners’ rights.
If your HOA is preventing you from building or using an ADU, you may have legal options to challenge the restrictions. LS Carlson Law specializes in representing homeowners in litigation for HOA disputes involving ADUs.
Our HOA attorneys in California & Florida provide aggressive legal representation for homeowners facing unreasonable restrictions, selective enforcement, or HOA negligence regarding ADU approvals.

Can an HOA Legally Prohibit an ADU?

State and local laws in California and Florida have made it easier for homeowners to build Accessory Dwelling Units (ADUs), limiting the ability of HOAs to outright ban them. However, many HOAs attempt to impose unlawful restrictions, including:
Outright ADU Prohibitions: Some associations claim their CC&Rs (Covenants, Conditions, and Restrictions) do not allow ADUs, even if state law overrides those provisions.
Excessive Approval Processes: Some HOAs create unnecessary bureaucratic barriers that make it difficult for homeowners to secure ADU approval.
Architectural and Design Restrictions: While HOAs may regulate aesthetic consistency, they cannot impose unreasonable restrictions that contradict state ADU laws.
Misuse of Zoning Laws: Some associations attempt to enforce outdated or inapplicable zoning codes to prevent homeowners from building ADUs.
If your HOA is obstructing your ADU plans, working with an HOA attorney can help determine whether the restrictions are legally enforceable.

What Are Your Rights Under California and Florida ADU Laws?

Many states, including California and Florida, have passed laws to prevent HOAs from unfairly restricting ADU construction. These laws protect homeowners’ rights by:
Requiring HOAs to Allow ADUs in Most Cases: California’s Accessory Dwelling Unit Laws (Government Code 65852.2) limit HOA interference in ADU construction.
Restricting HOA Approval Delays: HOAs cannot impose long, drawn-out approval processes that act as an indirect ban on ADUs.
Prohibiting Unreasonable Aesthetic Requirements: While an HOA can enforce reasonable design standards, it cannot block ADUs based on arbitrary aesthetic concerns.
Overriding Conflicting CC&Rs – If HOA rules directly conflict with state ADU laws, those rules may be unenforceable.
If your HOA is refusing to approve an ADU that complies with state law, a homeowner vs. HOA lawyer can help you take legal action.

Common HOA Tactics Used to Block ADUs

Many HOAs attempt to sidestep state laws by imposing excessive restrictions or delaying approvals. Common tactics include:
Refusing to Process ADU Applications: Some HOAs delay responses to prevent homeowners from moving forward with construction.
Claiming ADUs Violate Community Standards: Homeowners are often told that ADUs do not fit within the neighborhood’s character, even when state law allows them.
Threatening Fines or Legal Action: Some associations intimidate homeowners with the threat of fines or lawsuits if they proceed with ADU construction.
Altering CC&Rs to Restrict ADUs: Some HOA boards attempt to revise governing documents to limit or ban ADUs, even after homeowners have applied for approval.
If your HOA is engaging in these tactics, you may need a HOA negligence attorney to challenge their actions and enforce your legal rights.

What to Do If Your HOA Is Blocking Your ADU

If your HOA is denying or delaying your ADU approval, take the following steps:
Review Your HOA’s Governing Documents: Check the CC&Rs and bylaws to see if ADU restrictions are explicitly outlined.
Request Written Justification from the HOA: Demand an explanation for the denial, including references to specific governing documents or state laws.
Consult an HOA Attorney: An experienced HOA disputes attorney can evaluate whether the restrictions are enforceable and advise on potential legal remedies.
Challenge the HOA’s Decision: Many homeowners successfully challenge ADU restrictions through formal complaints, demand letters, or legal action.
File a Lawsuit if Necessary: If your HOA refuses to comply with the law, litigation for HOA disputes may be necessary to enforce your rights.
If you are being wrongfully denied the right to build an ADU, consulting a homeowner vs. HOA lawyer can help you determine the best strategy to protect your interests.

When to Pursue Litigation Against Your HOA for Blocking an ADU

If your HOA refuses to comply with state laws regarding ADUs, legal action may be necessary to protect your property rights. Homeowners should consider litigation for HOA disputes when:
The HOA has ignored state-mandated ADU laws and continues to prohibit ADU construction.
The HOA applies rules selectively—approving ADUs for some homeowners while denying others without valid reasoning.
The HOA improperly amends CC&Rs to create new restrictions that conflict with state laws.
The HOA delays approval indefinitely without justification.
The HOA threatens fines or legal action for moving forward with ADU construction in compliance with state law.
At LS Carlson Law, our homeowner vs. HOA lawyers specialize in holding HOAs accountable when they violate homeowners’ rights. We aggressively represent homeowners in California and Florida to ensure that ADU projects move forward without unnecessary HOA interference.

How an HOA Negligence Attorney Can Help You Fight ADU Restrictions

When an HOA unlawfully denies an ADU application, fails to follow state laws, or selectively enforces restrictions, legal action may be required. An experienced HOA negligence attorney can:
Determine if the HOA’s actions violate state laws on ADU development.
Hold the HOA accountable for delays, improper denials, or intimidation tactics.
Negotiate with the HOA board to secure ADU approval without further conflict.
File a lawsuit if the HOA refuses to comply with California or Florida ADU laws.
At LS Carlson Law, we have a proven track record of successfully suing HOAs that unlawfully restrict homeowners’ rights.

Get Legal Help If Your HOA Is Blocking Your ADU

If your HOA is preventing you from building an ADU, you have legal options. LS Carlson Law represents homeowners suing HOAs and will aggressively fight for your right to construct an ADU in compliance with state law.
Our HOA attorneys in Florida & California specialize in litigation for HOA disputes and will ensure that your association follows the law.
Contact LS Carlson Law today to schedule a consultation with an experienced HOA disputes attorney and take the next step in fighting back against unlawful HOA interference.