However, if you live in a community governed by a Homeowners Association (HOA), you may face unexpected roadblocks that complicate or even prevent the construction of an ADU.
While HOAs have some authority to enforce architectural and design guidelines through their governing documents, their restrictions generally must be consistent with applicable California law and applied in a reasonable, non-discriminatory manner. This article provides general information and is not legal advice.
If your HOA is blocking or delaying your ADU project, consulting an attorney familiar with California HOA law may help you evaluate whether the association’s position is consistent with its governing documents and applicable law.
Some California law firms, including LS Carlson Law, represent homeowners in disputes with HOAs involving architectural approvals and use restrictions. Depending on the circumstances, dispute-resolution options may include informal resolution, internal dispute resolution, alternative dispute resolution, or litigation.

Key Considerations When Applying for ADU Approval

If your HOA requires an approval process for ADUs, homeowners must be aware of their rights and obligations. Key considerations include:
Reviewing HOA governing documents to see whether any ADU-related restrictions are enforceable and how the architectural review process is described.
Ensuring that your ADU plans comply with local zoning and state ADU laws.
Submitting a complete application with all necessary permits and documentation.
Monitoring the HOA’s approval process for consistency with the governing documents and any applicable timeframes.
If your HOA is delaying or obstructing the approval process, you may wish to consult an attorney to discuss potential next steps.

When HOA ADU Restrictions Violate State Law

While HOAs can regulate certain aspects of construction, such as aesthetic compatibility, they generally cannot enforce restrictions that conflict with applicable California law. Examples of issues that may raise legal questions include:
Requiring approvals or conditions that effectively prohibit or unreasonably restrict an ADU in circumstances where California law limits such restrictions.
Imposing fees, deposits, or conditions that are not authorized by the governing documents or are applied in a manner that may be unreasonable.
Attempting to prohibit ADUs in situations where California law limits an HOA’s ability to do so.
Creating rules that treat ADU owners differently, such as attempting to impose separate fees or restrictions on renting, without a clear basis in the governing documents and applicable law.
If you are facing disputes over your ADU project, an attorney can help assess whether the HOA is acting within its authority under the governing documents and California law.

How HOA Rules Can Delay or Block ADU Construction

Even when state and local rules allow for ADU construction, some HOAs may delay or impede these projects through additional requirements. Examples may include:
Lengthy approval processes or repeated requests for additional information.
Requirements for additional design, landscaping, or parking modifications that may significantly increase costs.
Selective or inconsistent enforcement, where some homeowners receive approval while others are denied under similar circumstances.
Misunderstandings about state or local ADU rules.
If your HOA is using any of these approaches to stall your ADU project, consulting a homeowner association lawyer may help you evaluate your options.

Can Your HOA Legally Prevent You from Building an ADU?

California state and local ADU laws have reduced the ability of HOAs to prohibit ADUs in some circumstances, but the analysis can be fact-specific and may depend on the type of common interest development, the governing documents, and the proposed ADU. In general, issues that may arise include whether an HOA is:
Effectively prohibiting ADUs through outright bans or requirements that function as a ban.
Imposing restrictions that conflict with state-mandated ADU protections.
Unreasonably delaying the architectural review process or imposing fees that may not be authorized.
Imposing requirements that go beyond what is permitted under the governing documents and applicable law.
If you believe your HOA is not complying with applicable California law, an attorney can help you evaluate potential dispute-resolution options.

Legal Actions Homeowners Can Take Against an HOA Blocking an ADU

If an HOA refuses to approve an ADU or imposes restrictions you believe are improper, you may consider steps such as:
Request a Written Explanation: Ask the board of directors for a formal response outlining the reasons for denial.
Consult Legal Counsel: A homeowner association lawyer can review the governing documents and correspondence and discuss potential options.
Use HOA Dispute Processes: Depending on the issue, options may include internal dispute resolution (IDR) and, where required, alternative dispute resolution (ADR) before litigation.
Negotiate with the HOA: Sometimes, counsel involvement can help the parties clarify requirements and reach a resolution without litigation.
Consider Litigation: In some matters, litigation against the association may be one available option after required prerequisites are satisfied.

How an HOA Can Create Financial Barriers for ADU Construction

Even when an HOA does not outright deny an ADU project, it may create financial obstacles that make construction more difficult. Some examples include:
Requiring costly design modifications beyond what is required by local building codes.
Charging high application fees or deposits for architectural review.
Proposing special assessments or additional charges tied to ADU construction.
Enforcing fines for non-compliance with disputed HOA-imposed ADU restrictions.
If your HOA is placing significant financial burdens on your ADU project, an attorney can help you assess whether those charges are authorized by the governing documents and consistent with applicable California law.

How LS Carlson Law Can Help with HOA ADU Disputes

If your HOA is interfering with your ability to build an ADU, you may want to consult an attorney familiar with California HOA law and the Davis-Stirling Act. Depending on the situation, legal services in an HOA ADU dispute may include:
Evaluating ADU denials and delays in the architectural review process.
Communicating with HOA boards regarding compliance with governing documents and applicable law.
Addressing disputed fines, fees, or enforcement actions.
Representing homeowners in dispute resolution proceedings and, when appropriate, in court.

Understanding Your Options for an ADU Dispute

If your HOA is preventing you from constructing an ADU, you may have options under your governing documents and California law. Whether those options include informal resolution, IDR/ADR, or litigation can depend on the facts and the type of claim. Consulting an attorney can help you understand the processes and potential remedies that may apply to your situation.