However, Homeowners Associations (HOAs) often impose strict rules and regulations regarding ADU construction, sometimes going as far as trying to block or delay approval.
If your HOA is interfering with your right to build an ADU, understanding your property rights and legal options is crucial. At LS Carlson Law, our HOA attorneys in California & Florida specialize in representing homeowners against unlawful HOA restrictions.
Our legal team is prepared to take aggressive action against associations that unfairly deny or restrict ADU construction.

Can an HOA Legally Deny an ADU?

In states like California and Florida, ADU laws limit the power of HOAs to prevent homeowners from building these units. However, many HOAs continue to enforce outdated rules or impose excessive restrictions, such as:
Outright bans on ADU construction, even when state law allows them.
Lengthy approval processes are designed to discourage homeowners from proceeding.
Architectural and design requirements that go beyond legal limitations.
Selective enforcement of ADU rules, allowing some homeowners to build while denying others.
If your HOA is attempting to block your ADU, consulting with a homeowner association lawyer can help determine whether their restrictions are legally enforceable.

California and Florida ADU Laws

California and Florida have passed laws that limit HOA authority over ADUs. These laws protect homeowners by:
Requiring HOAs to approve ADUs that meet state and local building codes.
Preventing HOAs from imposing unreasonable restrictions or unnecessary delays.
Prohibiting blanket bans on ADUs in single-family zoning areas.
Overriding HOA regulations that conflict with state-mandated ADU protections.
If your HOA is disregarding state ADU laws, an HOA property rights lawyer can help you take action and ensure your rights are upheld.

How HOAs Use Architectural Guidelines to Restrict ADUs

Many HOAs attempt to control ADU construction by enforcing strict architectural guidelines. While some aesthetic regulations are allowed, an HOA cannot impose design rules that contradict state law or unreasonably prevent ADU construction.
Common architectural restrictions include:
Requiring ADUs to match the primary home’s exterior design in a way that significantly increases construction costs.
Imposing excessive height, size, or setback requirements beyond what local zoning laws require.
Requiring HOA board approval for minor design features, delaying the construction process.
If your HOA is using architectural guidelines to interfere with your ADU plans, an HOA disputes attorney can help determine if their restrictions are enforceable.

The Role of HOA Boards in ADU Approvals and Denials

HOA boards have a responsibility to enforce association rules fairly and in compliance with state law. However, some boards exceed their authority and impose unlawful ADU restrictions. Common issues include:
Failing to process ADU applications in a timely manner.
Denying ADU requests without providing clear reasoning or citing enforceable rules.
Making arbitrary decisions that do not apply to all homeowners equally.
When an HOA board is improperly denying ADUs, a homeowner association lawyer can step in to hold the board accountable and ensure compliance with state law.

Selective Enforcement of ADU Rules in HOAs

Some homeowners receive ADU approval while others face unfair restrictions. This selective enforcement can occur when:
An HOA applies different standards to different homeowners based on favoritism or bias.
Board members or favored homeowners are allowed to build ADUs while others are denied.
ADU rules are enforced inconsistently over time, leading to confusion and legal disputes.
If you suspect your HOA is unfairly enforcing ADU restrictions, consulting an HOA property rights lawyer can help determine if legal action is necessary.

Common HOA Tactics Used to Restrict ADUs

Even when state laws prevent HOAs from outright banning ADUs, many associations attempt to discourage construction through alternative means, including:
Delaying or ignoring ADU applications submitted by homeowners.
Misrepresenting HOA authority over ADU projects.
Imposing excessive design, parking, or landscaping requirements.
Threatening fines or legal action against homeowners pursuing ADU construction.
If you suspect your HOA is using these tactics to interfere with your property rights, consulting an HOA disputes attorney can help you challenge their actions.

What to Do if Your HOA Blocks Your ADU

If your HOA is obstructing your ADU construction, take these steps to protect your rights:
Review your HOA’s governing documents to determine if ADU restrictions are explicitly outlined.
Request written justification from the HOA for any denial or delay.
Consult with an HOA attorney to assess the legality of the restrictions.
Challenge the HOA’s decision through a formal dispute process or legal action if necessary.
HOA attorneys in California & Florida have extensive experience handling ADU-related disputes and can help homeowners navigate the legal process.

HOA-Imposed Lease Restrictions on ADUs

Even when an HOA allows ADU construction, it may attempt to restrict how the unit is rented out. Common restrictions include:
Banning short-term rentals, limiting homeowners' ability to generate rental income.
Requiring ADU tenants to be family members or long-term residents only.
Imposing additional fees or lease approval processes for ADU rentals.
An HOA cannot impose lease restrictions that conflict with state rental laws. If your HOA is unfairly limiting how you use your ADU, an HOA attorney can help challenge these policies.

When to Consider Legal Action Against an HOA

If an HOA refuses to approve an ADU despite state law protections, homeowners may need to take legal action. Litigation may be necessary if:
The HOA is enforcing ADU restrictions inconsistently.
The HOA has amended its governing documents to restrict ADUs retroactively.
The HOA continues to delay or ignore ADU applications.
The HOA imposes fines or legal threats to deter homeowners from building an ADU.
A homeowner association lawyer can evaluate whether your case justifies legal action and represent you in court if necessary.

Take Action: Protect Your ADU Rights Today!

If your HOA is interfering with your ADU plans, you need legal support to challenge unfair restrictions. LS Carlson Law is committed to representing homeowners in disputes against HOAs, ensuring compliance with state ADU laws.
Contact LS Carlson Law today to speak with an experienced HOA attorney and take the first step in securing your ADU rights.