However, many homeowners encounter resistance from their Homeowners Association (HOA) when attempting to build an ADU. While HOAs have some authority to regulate community aesthetics and property modifications, they cannot impose restrictions that violate state law or unfairly limit homeowners' rights.
If your HOA is interfering with your ability to build an ADU, you may have legal grounds to challenge their actions. Consulting with an HOA attorney can help you determine whether the association’s rules are enforceable.
At LS Carlson Law, our HOA disputes attorneys focus exclusively on representing homeowners against unfair HOA restrictions. Whether you are seeking approval for an ADU or need to sue HOA leadership for violating your property rights, our legal team is prepared to assist.

How Much Authority Does an HOA Have Over ADU Construction?

Homeowners often assume that an HOA has complete control over property modifications, but this is not entirely true. While HOAs have the right to enforce certain guidelines related to community aesthetics, they cannot impose restrictions that:
Violate state-mandated ADU protections.
Unfairly discriminate against homeowners by selectively allowing ADU construction for some but not others.
Impose unreasonable delays in the approval process.
Demand excessive fees or requirements beyond what state and local governments allow.
If your HOA is enforcing restrictive ADU policies that contradict state law, an HOA disputes attorney can help you challenge these limitations.

State Laws That Limit HOA Control Over ADUs

Both California and Florida have passed legislation that curtails an HOA’s ability to block ADU construction. Some of these protections include:
Preventing HOAs from enforcing outright ADU bans.
Limiting the restrictions an HOA can place on the size, location, and design of an ADU.
Requiring timely processing of ADU applications without unnecessary delays.
Prohibiting HOAs from creating additional approval steps beyond those required by state or local law.
If your HOA is disregarding these laws, you may need to work with an HOA attorney to enforce your rights and move forward with your ADU project.

Common HOA Barriers to ADU Approval

Despite state laws protecting homeowners, HOAs often employ tactics designed to discourage or block ADU construction. These may include:
Ignoring ADU applications or failing to process them in a timely manner.
Claiming ADUs violate outdated governing documents that do not align with current state laws.
Adding unreasonable design, parking, or setback requirements beyond legal mandates.
Threatening fines or penalties for homeowners moving forward with ADU projects.
If your HOA is engaging in any of these tactics, an experienced homeowner association lawyer can help push back against unlawful restrictions.

How HOA Restrictions on ADUs Create Legal Issues for Homeowners

Many property owners assume that because they own their land, they have the right to construct an Accessory Dwelling Unit (ADU) without interference.
However, HOA-specific disputes often arise when associations attempt to regulate or outright prohibit the construction of ADUs. While some guidelines are legally enforceable, others impose unreasonable restrictions that conflict with state law.
Common issues homeowners face include:
HOA-imposed rules that contradict state ADU laws.
The board of directors refusing to review ADU applications in a timely manner.
Unexpected special assessments or fees for ADU construction that do not apply to all property owners.
Unclear or inconsistent enforcement of ADU-related rules.
If you are experiencing these or other legal issues, a skilled attorney can help you determine whether your HOA is acting within its legal authority.

The Role of HOA Board of Directors in ADU Approvals and Special Assessments

The board of directors in an HOA is responsible for enforcing the association’s governing documents. However, many homeowners in disputes over ADUs find that their board selectively enforces regulations or imposes special assessments that disproportionately impact those constructing ADUs.
Some board actions that may require legal intervention include:
Imposing additional fees or requiring property owners to pay special assessments before approving an ADU.
Passing new ADU restrictions without proper homeowner approval.
Delaying approval indefinitely as a way to discourage construction of ADUs.
Placing restrictions on the use of an ADU that go beyond reasonable architectural guidelines.
When a board of directors oversteps its authority, seeking legal counsel from experienced attorneys can help homeowners push back against unlawful restrictions.

Legal Disputes Over ADUs and When to Take Action

Legal matters related to ADU construction often escalate into legal disputes when HOAs refuse to comply with state laws or fail to enforce their own rules fairly. In such cases, working with a skilled attorney can be the most effective way to challenge HOA interference.
Consider legal action if:
Your HOA refuses to process your ADU application within the required timeframe.
You receive notice of special assessments that unfairly target ADU construction.
The board of directors applies ADU rules inconsistently across different homeowners.
The HOA is attempting to fine or penalize you for legally constructing an ADU on your property.
An HOA-specific disputes lawyer can evaluate your case and determine the best course of action to protect your rights as a homeowner.

Discuss Your HOA Dispute By Calling LS Carlson Law

If your HOA is imposing unreasonable restrictions on your right to build an ADU, you need experienced legal representation to challenge their actions.
At LS Carlson Law, we specialize in helping property owners fight back against unfair HOA regulations. Our legal counsel can help you navigate complex HOA rules, challenge legal matters related to ADUs, and ensure that your rights are upheld.
Discuss your HOA dispute by calling LS Carlson Law today. Our team of skilled attorneys is ready to assist you in protecting your property rights and challenging your HOA’s interference in your ADU construction.